Helping You Through the Legal Challenges Related to a Marital Breakup
Your marriage has been difficult for some time and you’ve tried in many ways to iron things out. It’s clear, though, that your differences are simply too great. You may simply want to be done with it, but find that there are a number of complicated issues that need to be resolved:
- Who will have primary custody of your minor children and what will visitation look like?
- How will child support be determined and enforced?
- Will there be a need for alimony/spousal maintenance? If so, how will it be calculated?
- How will the debts and assets of the marriage be divided under the community property laws of Texas?
In the uncertainty that can accompany the decision to file for divorce, you want a proven and experienced lawyer to guide you, someone who knows all your rights and who will take the right measures to protect you. You want the dedicated divorce attorneys at Bailey & Galyen.
At Bailey & Galyen, we bring more than 40 years of experience to men and women throughout Texas who need sound legal representation in divorce proceedings. We have a comprehensive knowledge and understanding of all the laws governing marital dissolutions in Texas and can quickly identify the strengths and weaknesses of your case, and help you get the outcome you seek. We’ll take the time to get to know you, to understand your priorities and objectives, so that we can tailor our counsel to get the results you want. We will keep you fully informed and involved throughout the legal process, helping you understand your options, as well as your likelihood for success, so that you can make good decisions about your future.
We offer a free initial consultation to anyone considering or already a party to a divorce. To arrange a meeting with a proven San Antonio divorce lawyer, contact Bailey & Galyen online or call our offices at 844-402-2992.
What Is the Purpose ofa Divorce Complaint? Why Do You Need to File One?
Your marriage is a contractual obligation. To legally terminate all responsibilities and rights under such an agreement, you must have a court order. To obtain that court order, you must file a document with the court (called a complaint), asking that your marriage be dissolved and explaining why the marriage should be ended. In addition to the legal termination of the marriage contract, the issues most commonly addressed in a divorce complaint include:
- Child custody and visitation, known in Texas as “managing conservatorship” and “access/possession”—The determination of where minor children will reside, as well as the rights of both parents to have time with and/or access to minor children
- The need for and payment of child support—As a general rule, a non-custodial parent will be obligated to pay some type of support to the custodial parent for the benefit of minor children of the marriage. The court must confirm that child support is warranted and will use a formula to determine the amount of payments.
- Whether one of the parties needs alimony or spousal support—Though alimony is less frequently awarded than it used to be, the court will still determine whether it is warranted and, if so, how much should be paid
- How the debts and assets of the marriage will be divided according to the Texas community property laws
How Long Does the Divorce Process Typically Take in Texas?
The time required to finalize a Texas divorce can vary, based on a number of different factors, including most often whether or not the petition for divorce is contested. At a minimum, though, pursuant to Texas law, the court may not issue an order of divorce for at least 60 days after the date of the filing of the complaint. If a divorce is uncontested, it can often be completed in three to four months. If either party contests any of the matters related to the divorce, though, the entire process may take months or years, based on the complexity of those disagreements.
How Does No-Fault Divorce Differ from At-Fault Divorce in San Antonio
Texas law does not require that a person seeking a divorce state or identify specific grounds for the dissolution of the marriage—the person filing for divorce may simply allege that there are “irreconcilable differences. “In those instances, the proceeding will be deemed a “no-fault” divorce. Under the law, a person will automatically qualify to file for a “no-fault” divorce if he or she has lived apart from the other spouse for at least three years.
If, however, one of the parties in a divorce proceeding can successfully prove that the other spouse “caused” the marital breakdown, the innocent party may be able to secure a greater percentage of the marital estate.
A “no-fault” divorce is not, however, the same thing as an “uncontested” divorce. The parties to an uncontested divorce simply choose not to dispute any issues related to custody, visitation, support and property division. An uncontested divorce may still be based on allegations of fault.
What Are the Permissible Grounds for Divorce in San Antonio?
An at-fault divorce in Texas may be based on the following assertions:
- Adultery or marital indiscretion by the other spouse
- Mental or physical cruelty that makes cohabitation unbearable
- Imprisonment for at least one year on a felony conviction
- Confinement to a psychiatric hospital or institution for at least three years
- Abandonment by the other spouse for 12 months or longer
Are There Any Limits on How Soon You Can Remarry after a Divorce in Texas?
Texas divorce law generally requires that individuals wait at least 30 days from the date of the final divorce decree before remarrying, unless a judge waives the requirement.
What Must You Show to Qualify to File for a Divorce in Texas?
To initiate a legal divorce in Texas, you must have lived in the Lone Star State for at least six months prior to the filing date of your complaint. Furthermore, you must have been a resident of the county where your divorce complaint is filed for at least three months before the date of filing.
Do You Need a Lawyer to Handle Your San Antonio Divorce Case?
You don’t have any children of the marriage, you don’t own a home, and you have no meaningful assets to divide. Why spend the money to hire an attorney? It can’t be that complicated, can it?
Think again…even when there seem to be no real issues to resolve, there are ways that you can jeopardize your rights. You may miss a filing deadline. Your ex may surprise you and ask for alimony or seek to take property that is rightfully yours, that you brought into the marriage. If any issue becomes contested, you’ll be on your own, as you can’t expect the judge to protect your individual rights.
What Attributes Should I Look for In a San Antonio Divorce Attorney?
The right lawyer can make all the difference in any legal proceeding. As a general rule, the most important factor when considering legal counsel is experience. You want an attorney who has handled cases just like yours, who has successfully helped others get the outcome they want. At Bailey & Galyen, we’ve consistently obtained positive results for our divorce clients for more than 40 years.
The attorney-client relationship is built on trust. You’ll have the best chance of getting the outcome you want if you can fully and openly communicate with your attorney. Take the time to interview a number of attorneys, so that you find one you can trust and with whom you personally feel comfortable.
Need Help with Your Divorce? Schedule a Free Initial Consultation
At the law offices of Bailey and Galyen, with offices across the Lone Star State, we are committed to helping you get the outcome you want. Our phones are answered 24 hours a day, seven days a week. We can schedule an appointment in the evening or on the weekend, if necessary, and can travel to meet with you.
To set up a consultation to discuss your concerns about a divorce, call our offices at 1-844-402-2992 or contact us by e-mail.
