New Braunfels, TX Divorce Lawyer

An attorney meeting with a couple.Securing a reliable divorce lawyer is essential when dealing with the intricacies of family law matters. At WSM, we offer compassionate legal assistance tailored to your unique circumstances, ensuring that your case is handled with the utmost care. Whether you’re facing issues related to child custody, property division, or spousal support, our dedicated attorneys are here to guide you through every step of the process.

At WSM, we understand the emotional and financial challenges involved, and we are committed to advocating for your best interests. Don’t go through this challenging time alone. Discover how our New Braunfels divorce lawyer can support you through this life transition and help you achieve the best possible results.

Contact WSM today at 380-212-3731 to schedule your free consultation. 

Understanding Texas Divorce Laws

In Texas, knowing the basics of divorce law can help you navigate the process more smoothly. To file for divorce, one spouse must have lived in Texas for at least six months and in the county for the last 90 days. Even if you’re not a resident, you can file if your spouse meets these residency requirements.

There are two types of divorce grounds in Texas: no-fault and fault-based. A no-fault divorce is granted when the marriage can’t continue due to disagreements or conflicts. Contested divorces often involve disputes over these grounds, making it important to have a knowledgeable attorney.

In Texas, couples aren’t required to live separately before filing for divorce, and there’s no formal legal separation process. You can file a divorce petition directly without needing a legal separation status. Understanding these details can help you make informed decisions during the divorce process.

Are there any specific waiting periods for divorce in Texas?

In Texas, there’s a required waiting period before a divorce can be finalized. After you file a divorce petition, you must wait at least 60 days before the court can issue a final divorce decree. This waiting period is meant to give both parties a chance to reconsider their decision and possibly reconcile.

However, there are exceptions to this rule. If there is evidence of family violence or if one spouse has been convicted of a felony, the court might allow the divorce to proceed without the 60-day wait. This exception is in place to protect individuals in potentially dangerous situations and to speed up the divorce process for their safety.

It’s important to understand these waiting periods and exceptions when going through a divorce in Texas. Consulting with a knowledgeable divorce lawyer can help you navigate these timelines and ensure that all legal requirements are met

Steps to Take When Filing for Divorce in Texas

Filing for divorce in Texas involves several important steps to ensure the process goes smoothly and follows Texas law. Here’s a simple guide to help you through this difficult time:

  1. Consult with a Divorce Attorney: Seek legal advice from a qualified Braunfels divorce attorney to understand your rights and options. An initial consultation can provide valuable insights into the divorce process and help you make informed decisions.
  2. Meet Residency Requirements: Ensure that you or your spouse meets the Texas residency requirements, having lived in the state for at least six months and in the county for at least 90 days.
  3. File a Divorce Petition: Draft and file a divorce petition with the appropriate Texas court. This document initiates the divorce process and outlines your requests regarding property division, child custody, and support.
  4. Serve Your Spouse: Legally notify your spouse of the divorce filing by serving them with the divorce petition. This step is crucial to ensure that the divorce proceedings can move forward.
  5. Resolve Settlements: Collaborate with your attorney to address key issues such as property division, child custody, and spousal support. Your attorney will work to reach amicable agreements that can help avoid court interventions.
  6. Attend Court Hearings: Be prepared to attend court hearings if disputes arise that cannot be resolved. Your attorney will represent your interests and advocate for fair outcomes.
  7. Finalize the Divorce: Once all issues are resolved, the court will issue a final divorce decree. This document legally ends the marriage and outlines the terms agreed upon by both parties.

Following these steps with the help of an experienced lawyer can make the divorce process smoother and more efficient while safeguarding your rights and interests throughout.

What Happens If My Spouse Does Not Respond to the Divorce Petition?

If your spouse doesn’t reply to the divorce petition in Texas, the court might issue a default judgment. This means the divorce could be granted based on the information you provided, without needing your spouse’s input. It’s important to ensure your spouse was properly served with the divorce papers, as this is required to proceed with a default judgment.

To move forward, you’ll need to file a motion for default judgment with the court, and there might be a hearing to finalize the divorce. At this hearing, the court will review your requests for property division, child custody, and support, and may approve them if they seem fair.

It’s wise to consult with a skilled lawyer to make sure all legal steps are correctly followed and your rights are protected. At WSM, we help clients through default divorce proceedings, aiming for a fair solution even if a spouse doesn’t respond.

Types of Divorce Cases We Handle

At WSM, we handle different types of divorce cases, each tailored to fit our client’s unique situations. Our experience includes contested divorces, uncontested divorces, high-asset divorces involving significant financial considerations, and high-conflict divorces that require careful management due to heightened emotions.

Whether you and your spouse agree or are facing significant disputes, we are here to advocate for your best interests and guide you through the process.

Contested Divorce

A contested divorce happens when spouses can’t agree on key issues, such as dividing property or deciding on child custody. These family law cases can be tough, so it’s important to have skilled attorneys from a law office to help manage the complexities and protect your rights.

In Texas, there are several common reasons for a contested divorce, including:

  • Cruelty
  • Adultery
  • Abandonment
  • Imprisonment
  • Mental illness

During a contested divorce, the court might suggest counseling to see if reconciliation is possible. Having a seasoned attorney is essential to safeguard your property rights and handle complex situations, especially when dealing with difficult spouses or legal issues. At WSM, we offer the support and advocacy you need during this challenging time.

Uncontested Divorce

An uncontested divorce is when both spouses agree on everything, including how to divide property, child custody, and support. This type of divorce is usually less stressful and cheaper since there are fewer legal arguments and it gets resolved faster. At WSM, we strive to help clients reach friendly agreements, reducing conflict and ensuring a smooth divorce process.

High-Asset Divorce

High-asset divorces involve dividing a lot of money and property, making it important to protect your financial interests. These cases often need the help of financial experts to accurately assess the value of assets and ensure everything is divided fairly. If you own a business, it can make the divorce more complicated because there are additional financial factors to consider.

At WSM, we work with professionals to help maintain your financial stability and earning potential during the asset division process. Our goal is to protect your financial interests and ensure a fair outcome, so you can move forward with confidence.

High-Conflict Divorce

High-conflict divorces involve intense emotions and disagreements, requiring special approaches to manage the situation. These cases focus on preventing further conflict and ensuring fair solutions for both parties. At WSM, we use methods that help manage disputes and encourage peaceful agreements whenever possible. Achieving fair results in high-conflict divorces protects the interests of both parties. Our team provides the support and guidance you need to handle these tough situations effectively.

Navigating Property Division During Divorce

Property division is an important part of the divorce process, especially in Texas, which uses the community property system. This system means that any assets and debts acquired during the marriage are considered shared and must be divided fairly. Understanding how property division works can help ensure a fair outcome and protect your financial future.

Texas courts look at several factors when dividing property, such as each spouse’s contributions to the marriage and the financial situation of both parties. It’s crucial to work with an experienced divorce attorney who can help you handle the complexities of property division, ensuring that your rights and interests are protected. 

At WSM, we work with financial experts to accurately assess assets and debts, aiming for a fair distribution that reflects the needs of both parties.

Help with Child Custody and Support

Child custody and support are crucial parts of divorce proceedings, focusing on the well-being of minor children. At WSM, we help you understand how these arrangements are made to ensure they meet the child’s needs.

Child custody decisions consider factors like how involved each parent is, the child’s well-being, and their preferences if they are 12 or older. Texas courts usually prefer joint custody to encourage both parents to share responsibilities. Our team guides you through custody disputes to reach solutions that are best for the child.

In Texas, child support is calculated using clear guidelines based on the child’s needs and the parent’s ability to pay. Generally, the non-custodial parent pays a percentage of their net income as child support. Understanding these calculations ensures fair financial support for the child after divorce. At WSM, we help clients understand and follow these guidelines to ensure their children receive the support they need.

Fighting for Fair Spousal Support and Alimony

Alimony, also known as spousal support or spousal maintenance, is financial help that one spouse might receive during and after a divorce. In Texas, alimony isn’t automatically given. It’s usually decided based on specific factors like how long the marriage lasted, each spouse’s financial situation, and whether the spouse asking for alimony can maintain a similar lifestyle after the divorce.

Texas courts look at various things when deciding on alimony, such as what each spouse contributed to the marriage, their education and job skills, and any family violence incidents. Usually, for a spouse to qualify for alimony, the marriage must have lasted at least 10 years. 

Additionally, the spouse asking for support must show that they cannot cover their basic living expenses on their own. The aim is to provide temporary support to help the recipient become financially independent.

Alimony can be a tricky issue in divorce cases, so it’s important to have a knowledgeable New Braunfels divorce lawyer who understands Texas law. At WSM, we help clients understand their rights and responsibilities regarding alimony, making sure that fair and reasonable agreements are reached.

How WSM Can Help You

At WSM, we provide personalized and caring legal services to support you through your divorce. Our team is dedicated to helping you with important family law issues such as child custody, dividing property, and spousal support. Whether your divorce is straightforward or involves more complicated matters, we handle each case with care and attention.

We focus on empowering you by providing clear information and guidance, so you can make informed choices during this challenging time. We understand the emotional and financial difficulties of divorce, and we are here to support your needs and interests throughout the process. Our goal is to help you achieve fair solutions while keeping stress and conflict to a minimum.

Contact WSM for Trusted Divorce Guidance for Women

Reach out to WSM for a reliable partner to guide you through this transition. Call us today at 380-212-3731 to arrange your free consultation and learn how we can assist you with your family law matters.

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