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RBA » San Antonio Attorney Experienced in     Divorce Cases  

Navigating through a divorce can be an overwhelming and emotionally draining experience. At the Law Office of Robert Barrera Arellano in San Antonio, Texas, we understand the complexities and nuances involved in the divorce process. Our goal is to provide you with comprehensive legal support tailored to your unique situation, ensuring that your rights and interests are protected every step of the way.

Understanding Divorce in Texas

Divorce laws vary from state to state, and Texas has its own specific legal requirements and grounds for divorce. To file for a divorce in Texas, at least one spouse must have been a resident of the state for at least six months and a resident of the county where the divorce is filed for at least 90 days. Grounds for divorce in Texas include insupportability (no-fault), adultery, cruelty, abandonment, felony conviction, and confinement in a mental hospital.

Types of Divorce

  • Contested Divorce
    A contested divorce occurs when spouses cannot agree on one or more issues, such as property division, child custody, or support. This type of divorce often involves court hearings and legal representation to resolve the disputes.

  • Uncontested Divorce
    An uncontested divorce is when both spouses agree on all major issues. This type of divorce is usually quicker and less expensive, as it involves minimal court intervention.

  • Collaborative Divorce
    In a collaborative divorce, both parties work with their attorneys and other professionals to negotiate and settle the divorce terms amicably. This approach focuses on cooperation and can be less adversarial than traditional divorce proceedings.

  • Mediated Divorce
    Mediation involves a neutral third party who helps the divorcing spouses reach an agreement on various issues. Mediated divorces can save time and money, and they often result in more amicable settlements.

Divorce Process in Texas

  • Filing the Petition
    The divorce process begins with one spouse filing a petition for divorce with the court. This document outlines the grounds for divorce and the desired outcomes regarding property division, custody, and support.

  • Serving the Spouse
    The petitioning spouse must serve the divorce papers to the other spouse, notifying them of the legal action. This can be done through a process server or by other legal means.

  • Response from the Spouse
    The served spouse has a specific period to respond to the petition. Their response can either agree with the terms or contest them, leading to further legal proceedings.

  • Temporary Orders
    During the divorce process, temporary orders may be issued to address immediate concerns such as child custody, support, and living arrangements. These orders remain in effect until the final divorce decree is issued.

  • Discovery Process
    The discovery process involves gathering and exchanging information related to finances, assets, and other relevant matters. This step is crucial for ensuring transparency and fairness in the final divorce settlement.

  • Finalizing the Divorce
    Once all issues are resolved, either through negotiation or court hearings, a final divorce decree is issued. This legal document outlines the terms of the divorce, including property division, custody arrangements, and support obligations.

Key Considerations in a Texas Divorce

  • Division of Property
    Texas is a community property state, meaning that all assets acquired during the marriage are considered jointly owned and are subject to division. The division is usually equal, but certain factors can influence the final distribution.

  • Child Custody and Support
    Child custody arrangements in Texas are based on the best interests of the child. Courts consider various factors, including the child’s needs, each parent’s ability to provide care, and the child’s relationship with each parent. Child support is calculated based on state guidelines and the non-custodial parent’s income.

  • Spousal Support (Alimony)
    Spousal support may be awarded in cases where one spouse requires financial assistance post-divorce. The amount and duration of support depend on factors such as the length of the marriage, the financial resources of each spouse, and their earning capacities.

  • Debt Division
    In addition to dividing assets, debts incurred during the marriage are also subject to division. This includes mortgages, credit card debts, and other financial obligations.

Common Divorce Situations

  • High Net Worth Divorce
    Divorces involving significant assets and high net worth individuals require specialized legal expertise to ensure proper valuation and division of properties, businesses, and investments.

  • Military Divorce
    Military divorces involve additional considerations, such as military pensions, benefits, and the unique lifestyle challenges faced by military families. Specialized knowledge is essential to navigate these complexities.

  • Divorce Involving Children
    When children are involved, the focus shifts to their well-being and stability. Custody arrangements, visitation schedules, and support obligations must be carefully addressed to minimize the impact on the children.

  • Divorce for Business Owners
    Business owners face unique challenges during divorce, such as valuing the business and determining its division. Ensuring the continued operation of the business while fairly dividing its value requires expert legal guidance.

How the Law Office of Robert Barrera Arellano Can Help

At the Law Office of Robert Barrera Arellano, we provide personalized legal advice tailored to your specific situation. Our services include:

  • Representation in Court
    We represent your interests in court, ensuring your voice is heard and your rights are protected.

  • Mediation and Negotiation Services
    Our skilled mediators help you reach amicable agreements, reducing the stress and cost of divorce proceedings.

Resources for Legal Help in Texas

If you need additional support, there are numerous resources available:

  • Legal Aid Organizations
    These organizations provide free or low-cost legal assistance to those who qualify.

  • Online Legal Resources
    Websites like TexasLawHelp.org offer valuable information and self-help guides for those navigating the divorce process.

  • Community Support Groups
    Local support groups can provide emotional support and practical advice during this challenging time.
Divorce is never easy, but having the right legal support can make a significant difference. The Law Office of Robert Barrera Arellano in San Antonio, Texas, is dedicated to helping you navigate the complexities of divorce with compassion and expertise. We are here to support you every step of the way, ensuring your rights are protected and your future is secured.

Contact The Law Office of Robert Barrera Arellano PLLC today to schedule a consultation.

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FAQs

The first steps include consulting with a qualified attorney, filing a petition for divorce, and serving the divorce papers to your spouse.

The duration varies depending on the complexity of the case and whether it is contested or uncontested. On average, it can take anywhere from six months to over a year.

If your spouse refuses to sign, you can still proceed with a contested divorce, where the court will make decisions on unresolved issues.

Yes, certain aspects of the divorce decree, such as child custody and support, can be modified if there are significant changes in circumstances.

Work with your attorney to present a strong case that highlights your ability to provide a stable and loving environment for your child. Mediation can also help reach a fair agreement.

From our office in San Antonio, Texas, we serve clients throughout Atascosa County, Frio County, Wilson County, Karnes County, and Bexar County, including but not limited to Pearsall, San Antonio, Floresville, Jourdanton, Karnes City, Dilley, Moore, Bigfoot, North Pearsall, Hilltop, Pleasanton, Poteet, Leming, Christine, Charlotte, La Vernia, Sutherland Springs, Stockdale, Poth, Saspamco, Kenedy, Runge, and Falls City.

(210) 247-4189

424 E Nueva Street • San Antonio, TX 78205

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