MARTIN S. GARZA IS AN ESTABLISHED DIVORCE LAWYER IN SAN ANTONIO

While there are many San Antonio family law attorneys, Martin S. Garza stands out for his caring and compassionate approach to handling divorce cases. Understanding that you are undergoing one of the most difficult times of your life, he offers the guidance and wisdom you need to make appropriate decisions that are in the best interest of you and your family.

WHAT YOU NEED TO KNOW ABOUT GROUNDS FOR FILING FOR DIVORCE IN TEXAS

In the state of Texas, divorce is considered on grounds of fault or no-fault. Fault can be defined as: adultery, cruelty, being convicted of a felony, abandonment or being confined to a mental institution. No-fault grounds include irreconcilable differences (insupportability) or not living together for at least three years.

RESIDENCY REQUIREMENTS

You can file for divorce in Texas as long as one spouse has been a resident of the state for at least six months and has resided for at least three months in the Texas county where the divorce is filed. Following initial court filing, there is a 60-day waiting period before the court can finalize the action.

COMMUNITY PROPERTY

As a community property state, Texas requires the court to make a “just and right” division of the marital estate. This does not mean that the property must be divided equally between both spouses. Rather, the court can use “at fault” grounds to award the innocent spouse a disproportionate share of the property. Separate property (inheritances, gifts or property owned prior to marriage) is excluded from division and remains with the spouse who owns it. Marital property can include real property, personal property, retirement plans, insurance payments (such as worker’s compensation) and stock options.

ALIMONY

Alimony, also called “spousal maintenance,” may be ordered by a judge under certain circumstances. These include if the spouse seeking support can show that he/she does not have the means to provide for his/her own “minimal reasonable needs,” if a spouse was convicted of family violence within 2 years before the divorce was filed or if the marriage lasted at least 10 years. The court will consider all of the financial resources of the spouse seeking support, as well as education, employment skills, length of marriage, age, employment history, ability to earn income, physical and emotional status and efforts to find employment. Spousal support can be instated for a limit of three years unless otherwise agreed upon by the parties involved. The amount cannot be more than $5,000 a month or 20% of the paying spouse’s monthly gross income, whichever is lower.

CHILD SUPPORT

Texas parents are required to provide financial support to their children until the age of 18 or high school graduation, whichever occurs last. The financial support that must be paid is determined by the non-custodial parent’s net resources and the funds can be allocated through scheduled payments, lump sum payments, setting aside property or a combination of these.

CUSTODY

To learn more about Martin S. Garza, custody lawyer in San Antonio, click here.