Trusted San Antonio Divorce Attorneys
Divorce not only ends a marriage, but significantly changes the lifestyles that went with it. Divorce and family law address the dynamics of family relationships from a legal perspective, and sets the parameters for parenting, custody, financial support, rights against domestic violence, and other family matters based on Texas law. The firm of Allen & Roig, LLP, has developed a prominent presence in the San Antonio, Texas area for our expertise in the practices of divorce and family law. We are recognized for representing our clients during this difficult time and for combining highly personalized, compassionate, and detailed representation with aggressive advocacy for each of our client’s rights.
Texas is a no-fault divorce state, meaning that the only reason required for filing for divorce is insupportability – declaring that the marriage is over and irretrievably broken with no hope of being fixed. Other reasons or grounds for a marriage breakdown may be considered under certain limited circumstances. Though fault isn’t needed to obtain a divorce in Texas, if a spouse is able to prove a fault ground for divorce, they may be awarded a more favorable outcome with regard to child support, child custody, court ordered spousal maintenance, and division of assets. Those fault grounds include:
- Conviction of a felony
- Living apart
- Confinement in a mental hospital
Before considering the pursuit of a fault grounds divorce, it is imperative that you meet with an experienced divorce attorney in San Antonio, TX from the firm of Allen & Roig, LLP. We will evaluate your case and advise you on all of the possible opportunities and ramifications with regard to pursuing a fault grounds case.
Equitable Distribution of Assets and Debts
Allen & Roig, LLP helps clients obtain values for the assets accumulated during the marriage, including real estate, retirement funds, business interests, bank accounts, and prized possessions. We also help identify accrued debt and other obligations. Our firm’s experience in understanding Texas law will ensure that there is a thorough examination of all of the financial factors involved and that our clients’ current and future financial position is protected.
Texas is a community property state. All property that is real or personal that was acquired during a marriage is considered community property and is owned jointly by each partner. It is important to know that pensions, IRAs, 401Ks and retirement plans are treated just like other assets in a divorce. They are considered community property and sharing that value may also be taken into consideration as part of the divorce process.
As a community property state, the courts will divide marital assets in way that is considered “just and right” taking into consideration the rights of each spouse and any children in the marriage. In allocating the property, just and right doesn’t necessarily mean 50/50. The Court may also consider these factors when dividing assets:
- Each spouse’s earning power
- Who has custody of the children
- Each spouse’s age, health, education, and other related issues
Texas law also allows that certain property may be considered as separate property under some circumstances. Those instances include:
- Property that was owned by one spouse before the marriage
- Property that was given to one spouse as a gift or inheritance
- Awards from certain kinds of personal injury settlements
If you want to retain sole possession and declare something as a separate asset, it is important to make sure you do not commingle the property, and you should seek the counsel of Allen & Roig, LLP divorce attorneys in San Antonio, TX on this very important aspect of protecting yourself during divorce. Disagreements and varied interpretations of separate and community property issues can become complicated when there is evidence of commingling.
Just like assets, any debt acquired during the course of a marriage in Texas belongs to both spouses. There are complicated issues that will need to be addressed regarding credit card and other debts that have only one of the spouse’s names on it. In cases where there is excessive debt above and beyond a couple’s assets, courts may assign a greater portion of the debts to the spouse who is in better financial condition to pay off the debts.
Debts incurred before a marriage or after a marriage or separation, may only belong to the spouse who incurred them. As with the division of assets, many disputes arise as to who is responsible. You will want to have a good divorce attorney in San Antonio, TX on your side to protect your interests.
Is It Possible to Have an Uncontested Divorce?
An uncontested divorce means that both parties have reached an agreement on the following:
- Agreeing to be divorced
- Parental custody and visitation
- All of the various parental decision-making responsibilities
- Amount and duration of child support
- Amount and duration of any spousal support
- Division of property and debts
If even one of these points is in dispute, a divorce becomes contested. Whether a divorce is contested or not, if you are considering divorce, contact the San Antonio divorce lawyers of Allen & Roig, LLP right away. We know each case is always unique based upon the parties involved and the circumstances. Our skilled lawyers will analyze your situation and help you make the best decisions.
Child Custody and Visitation
Divorce and family law proceedings bring several legal issues into play, particularly when children are involved. One of the most difficult aspects is working out visitation rights and a custody plan that arranges everyday life and schedules in the children’s best interests, while also accommodating the demands on parents’ lives. We help you develop a sensible, workable plan aligned with what is best for your children.
Texas Child Support Guidelines dictate child support calculations. However, some couples have special situations that require a more customized approach. We work to see that child support payments are structured so that both parents pay their fair share of the financial responsibilities.
The crucial factors in awarding support are determining the extent of a spouse’s inability to be self-supportive, along with the lifestyle previously maintained during the marriage. In a household with only one spouse working, things can get complicated and emotional, but the San Antonio divorce lawyers of Allen & Roig, LLP know how to manage such issues and keep the emotion out of it.
Domestic Violence is often either a cause or symptom of family issues and divorce. The main priority is ensuring safety for victims. That can be done through a protective order or restraining order and unfortunately, this is often a necessary step taken by family members who are fearful of their domestic situation. Any criminal law allegations concerning yourself, your spouse and/or your children may bring about an investigation by a child protection investigator. Whether you are the protected person, the opposing party, or if you feel the original allegations are false, you need an aggressive attorney to fight for your rights and the rights of your family. The law offices of Allen & Roig, LLP will listen to you with an open mind and discuss how to deal with these circumstances.
Call the Preeminent San Antonio Divorce Attorneys
If you find yourself facing divorce, it will be to your advantage to seek legal representation as soon as possible. By working closely with Allen & Roig, LLP, you may be able to preserve many assets, minimize tax consequences, and in some cases even keep the family home. Our attorneys have built our reputation on the fundamental recognition that divorce issues are extremely complex, they are emotionally and financially taxing, and can be overwhelming for all of the parties involved. We can guide you through this maze, provide valuable legal guidance and representation, negotiate on your behalf, take your case to trial if necessary, and help you gain the stability and certainty you need to move forward with your life. Call Allen & Roig, LLP the divorce lawyers in San Antonio, TX today! Call (210) 377-2529 Today!