Our San Antonio Divorce Lawyer Can Help with All Your Divorce Needs
When you are in a time of great stress, the last thing you should worry about is legal issues. Relieve your concerns and call on our experienced San Antonio divorce lawyer. We have knowledge of Texas laws and procedures that you can depend on. Our compassionate team at Amsberry Law will guide you through the divorce process so you can focus on adjusting to the big changes in your life.
You’ll need legal representation from a family law attorney who can address all aspects of a divorce. In addition to handling the emotional turmoil that can accompany divorce, you may need to make critical choices that may include child custody and visitation, child support, asset and debt division, and spousal maintenance. These important decisions will affect your life and your future, as well as those of your children.
Unforeseen problems can be the most important reason to seek legal representation early on. Call the team at Amsberry Law Firm today to get started at (210) 354-2244.
Why Choose Our Divorce Lawyer at Amsberry Law Firm?
Compassionate. Experienced. Board Certified.
When you choose a divorce lawyer, you need an attorney you can trust, who will listen to you, and who has substantial experience. Picking the right lawyer can relieve you from worrying about whether or not you considered every detail as you move through the divorce process.
For all these reasons and more, Amsberry Law Firm is your best choice. We not only have the compassion necessary to help you through this stressful time, we also have the legal experience you need. Give us a call to learn about our team and how we can help you. Schedule time with Russ Amsberry to talk through your specific concerns. Russ will explain the legal process and begin strategizing to find the best approach in your case.
When you work with Russ, you are represented by an attorney with substantial qualifications:
- Board Certified in Family Law by the Texas Board of Legal Specialization
- Successful litigator with a winning record in appellate cases
- Licensed to practice before all Texas state and federal courts, the 5th Circuit, and the U.S. Supreme Court
- 26 years of experience
- Served as a Judge Advocate General
- Highly experienced in working on military member family law matters.
At Amsberry Law Firm, we have the knowledge it takes to appropriately address the complex legal issues involved in a divorce. In addition to general divorce matters, we can assist you with issues unique to military divorce, such as custody arrangements during deployment and division of important service benefits in your divorce agreement.
We have a long history of helping clients just like you navigate the challenges of a divorce. Read what our clients say about us.
In Our Client’s Words
Learn How Our Divorce Lawyer Handled a Difficult Case
“The Amsberry law firm is truly a very professional in their job and made my divorce process fast and smooth. They literally made my job easy and would highly recommend to others. Thank you”
~ Tenzin Phuntsok
Our Divorce Attorney in San Antonio Explains Texas Divorce Laws and Requirements
When you work with our divorce lawyers, you can rest assured that you will benefit from our decades of experience helping clients navigate divorce and any related custody or alimony agreements. We have detailed knowledge of all Texas divorce laws and will be sure you understand which ones impact your divorce and how. Knowledge is power. We keep you well-informed throughout your divorce process so that you can make educated decisions.
The following are among the most important divorce-related laws and requirements that may apply to your situation:
Grounds for Divorce
There are many reasons why you may be filing for divorce. In Texas, there are seven statutory grounds for a divorce.
- Insupportability (aka “no fault” divorce)
- Cruelty
- Adultery
- Conviction of a felony, or imprisoned for over one year
- Abandonment, and remained away for at least one year
- Living apart for at least three years
- Confinement in mental hospital.
In general, the easiest path allowed under Texas law is a no-fault divorce. This divorce is granted on the grounds of “insupportability,” where no blame is attributed to either spouse. Insupportability is defined as “discord or conflict of personalities that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation.” Filing for a no-fault divorce makes the process easier, faster, and less contentious.
Unfortunately, not every couple is in the position to file for a no-fault divorce. Situations do exist where it would be beneficial for a divorce to be granted in favor of one spouse.
If one of the other grounds for divorce applies in your case, our divorce attorney will develop a strategic plan to ensure you and your children have the best possible outcome.
Amsberry Law Firm can help you move forward with either your no-fault divorce or your divorce on statutory grounds. Our divorce lawyer can help you work through the often-emotional filing process and enable you to move forward from this difficult time in your life.
Residency Requirements for a Divorce in Texas
When a marriage is in trouble, a couple may choose to live separately, even prior to formally divorcing. If you have lived apart from your spouse and are now considering divorce, it is important to understand the Texas residency requirements for divorce (Texas Family Code §6.301).
If either you or your spouse meets these requirements, you can move forward. It is important to consider your county of residence so you can file for divorce in the correct jurisdiction. If you have questions about whether you meet the Texas residency requirements, talk to our San Antonio divorce attorney.
Property Division Requirements in a Texas Divorce
Division of property is likely to be on your list of concerns. After all, married couples often have a great deal of “couple’s assets,” including real estate, automobiles, home furnishings and even financial assets. Just as property division in a divorce considers assets, it also applies to debts. Understanding how Texas divides property is important. This knowledge offers insight as to what you can expect.
Texas statutes define what property is considered separate and what is community property. Community property is considered equally owned by each partner and divided according to “what is considered just and right having due regard for the rights of each party and any children of the marriage.”
Determination of Separate Property
Under the regulations in Chapter 3 of the Texas Family Code, all the property earned or acquired by both spouses during the marriage is community property and, upon the divorce, will be allocated as such. But, if you believe that some of your property should be considered as separate property and belong to you alone, you will have to prove it with “clear and convincing evidence.” To be separate property, it must have been:
- Acquired before the marriage, or
- Given by gift or inheritance to only one spouse, or
- Received as recovery for personal injuries.
Knowing your options to declare some of your property as separate allows you to prepare well, even before you file for divorce.
Protect Your Financial Interests in a Divorce
Defining what property is separate and what property is communally held requires detailed knowledge of Texas laws. Equally important is knowing how your debts will be divided. How the property division is handled in your divorce agreement requires consideration of every potential asset including retirement and other benefits, insurance policies and investments. It also requires an examination of each debt held by you and your spouse to ensure those are also divided appropriately.
Our San Antonio divorce attorney at Amsberry Law will provide you with legal guidance about how the property division laws may affect you. With our help, you’ll enter into a divorce agreement well positioned to protect your financial interests. Give us a call at (210) 354-2244 to discuss your situation. We will ensure that your rights to property are well-protected in your divorce.
Our Divorce Lawyer Handles Issues of Child Custody, Support, and Visitation
If you have children, their well-being during and after your divorce is likely your No. 1 priority. We share this belief. We will work closely with you to advocate for the best situation for your minor children.
Some of the most important divorce issues where minor children are involved include child custody, child support, and visitation. Texas has specific terms used when speaking about “custody” and “visitation.” The courts refer to the parent or guardian of a child as a “conservator” and the amount of time a parent spends with the child as “access.” If you have children, our attorney will make sure that their best interests, and yours, are well-protected in the divorce process.
Determining custody (aka “conservatorship”) is one of the primary responsibilities of the courts. Because of the importance of these decisions, the courts always consider the best interests of the child when making their decisions. Factors that will be evaluated include:
- The ability to provide overall care and a stable environment for the child
- The child’s emotional and physical needs
- The child’s age and preferences
- The health of the parents
- Any history of abuse or neglect.
In addition to custody, you may also have concerns about visitation. In Texas, the phrases “possession of” and “access to the child” are used instead of “custody” and “visitation.” Texas courts will often consider many of the same factors when deciding the time each parent has with the child.
The terminology and laws concerning custody and visitation can be confusing, especially during such a stressful time. Our divorce attorney will help you understand how these complex laws affect you. At Amsberry Law Firm, our approach to family law is wholistic. We understand that there are many elements to any divorce case and that custody and divorce agreements need to consider all of them.
Contact our San Antonio divorce attorney at Amsberry Law Firm today at (210) 354-2244 with your concerns about agreements related to custody and visitation.
Our Divorce Lawyer Can Help with a Spousal Maintenance Agreement
In a marriage, one person may earn significantly more money than the other. The reasons for this are numerous. Sometimes the difference can be explained based on the careers of both parties. For example, if one person is a social worker and the other a surgeon, income levels will be vastly different. In other situations, one party may have cut their career path short to support their spouse. Or perhaps one person stopped working to care for the children and the home while the other pursued their profession. In all three, an imbalance of earnings exists. Upon divorce, one person may face financial hardship. The court will take this into consideration, and one spouse may be awarded support to be paid by the other.
Texas Family Code Chapter 8 deals with spousal maintenance after divorce. Either spouse can request maintenance, also referred to as “alimony,” during the divorce process in Texas. The courts will evaluate several factors to determine support amounts and duration of time during which support is paid.
Whether you anticipate paying or receiving support after your divorce, we can help negotiate a spousal support agreement that protects your interests. Our divorce lawyers at Amsberry Law Firm will fight for the best spousal maintenance arrangement possible, according to your individual circumstances. And if circumstances change, you may need to modify your original agreement.
FAQs About Divorce in Texas
Common Questions Our Divorce Attorneys Hear from Clients
While some divorces may be less complex than others, when you are facing a potential divorce you are sure to have questions. Here are answers to questions often asked of our San Antonio divorce lawyers.
What happens to debts in divorce?
Debts are generally split the same way as assets and property in a Texas divorce. This means that unless a debt belongs specifically to one spouse, it is considered equally owed by each partner and is divided accordingly.
What do I do if I am a victim of domestic violence?
If you are a victim of domestic violence in Texas, the courts are likely to determine a custody arrangement that protects you and your children. Courts may also provide spousal maintenance if the abuse has impacted your ability to work.
What are grandparents’ rights to visit children in a divorce?
While grandparents do not have an absolute right to visitation, Texas courts can authorize visitation for grandparents if it is in the child’s best interest and one of the following circumstances exists:
- The parents are divorced.
- The parent abused or neglected the child.
- The parent has been incarcerated, found incompetent, or died.
- There is a court order terminating the parent-child relationship.
- The child has lived with the grandparent for at least six months.
Grandparents may also seek custody of a child who lives with them and apply for child support from the parents.
Do you need to be separated to file for divorce in Texas?
No, Texas does not require that couples be separated for any amount of time before they can file for divorce. As long you meet the residency requirements, you can move forward.
How quickly can I change my name if I am getting divorced?
Relatively quickly. When you file for divorce, you will need to request that a name change go into effect at the time the divorce is granted. You still would have to file separately with relevant organizations or government agencies to have your official documents changed to match your name.
How long does it take to finalize a divorce in Texas?
In our state, a divorce cannot be finalized for at least 60 days after the petition is filed, and it typically takes six months to over a year. The divorce is not final until a judge pronounces it so in open court and signs the decree of divorce.
Should I avoid using social media during my divorce?
While you don’t need to stay off social media entirely, you should know that anything you post, including comments on posts made by others, is subject to consideration by the court in your divorce proceedings. Both the images and words that you post on social media sites may be factors in decisions regarding child custody or support, spousal support, and even the division of your assets and debts.
Our best advice is that you exercise extreme caution, refraining even from commenting at all about your impending divorce or about your spouse. If you worry that you’ll say or post something that can harm the outcome of your divorce for you or your children, it is probably best to simply avoid any interactions with, or posting on, social media for the full term of your divorce process. Even after your divorce is finalized, you may find that what you post could impact future modifications to your child custody or support agreements or your spousal support arrangement. We advise that you err on the side of caution.
Our divorce attorneys are available to answer any additional questions you may have. We appreciate that each marriage and divorce is unique. We take the time to understand your specific situation to give you the best possible advice.
Work With Our Experienced Divorce Lawyer in San Antonio
Make the Best Decision for You and Your Children. Call Amsberry Law.
Even in the most amicable of circumstances, divorce can be emotional and stressful. Our divorce attorneys at the Amsberry Law Firm understand how difficult this process can be. Since your divorce settlement can affect you and your family well into the future, it is best to have an experienced San Antonio divorce lawyer at Amsberry Law Firm on your side. Our knowledgeable attorney will address all legal issues related to your divorce and provide guidance about your options at every stage of the divorce process.
We will apply the cost of your initial consultation to our retainer and always go the distance for our clients. Please call our offices at (210) 354-2244 today to get started. Our team helps clients in the San Antonio and throughout South Texas.
Attorney Russell J.G. Amsberry
Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]
