# Garza Law Firm


## Pages

- [Download 10 Items to consider](https://firebrick-cheetah-897285.hostingersite.com/download-10-items-to-consider/): 10 Important Items to Consider in a Texas Divorce Download here
- [FORMITEMS TO CONSIDER FOR TEXAS DIVORCE](https://firebrick-cheetah-897285.hostingersite.com/formitems-to-consider-for-texas-divorce/): 10 Important Items to Consider in a Texas Divorce To download a list of the 10 most important items to consider in a Texas divorce, please fill out the information below.
- [Form-Two for one Simple Will Package for Couples](https://firebrick-cheetah-897285.hostingersite.com/form-two-for-one-simple-will-package-for-couples/): SIMPLE TEXAS WILL PACKAGE FOR COUPLES Please fill out the form below to schedule an appointment with Martin Garza to discuss your estate planning. This offer includes two simple wills, two Health Care Powers of Attorney, and two Physician’s Directives for the price of one ($500).
- [Family Law](https://firebrick-cheetah-897285.hostingersite.com/family-law/): TURN TO THE GARZA LAW FIRM FOR FAMILY LAW AND ESTATE PLANNING NEEDS Creating a legally valid will or trust is the essential cornerstone of any estate plan, because upon your death these instruments will determine the disposition  of your real and personal assets according to your wishes. Without a legally valid will, the assets of your estate are distributed to your heirs in accordance with Texas Estates Code, which may or may not be what you intended. This becomes particularly important in blended families where one or both spouses may have children by a previous marriage. Creating a will or trust gives you complete control over the final disposition of your assets. ADDITIONAL BENEFITS OF HAVING AN ATTORNEY CREATE YOUR WILL Other benefits of having a will created by experienced San Antonio family lawyer Martin S. Garza is that he can help you include provisions for taking care of minor children, minimizing estate taxes, making gifts to charitable organizations and transferring ownership of property with specialized deed instruments. REVISING YOUR WILL Once your will has been finalized, it is a good idea to review it every five years to account for changes that may need to be made. You may need to make revisions sooner if there are changes to your marital status, financial situation or when natural born or adopted children become a part of your family. You may inherit property or other assets that you will want to add to your will, or you may want to change how your assets will be distributed. WHY OPT FOR A TRUST? A trust allows property to be held by the trustee you have appointed for the benefit of named beneficiaries. The trustee can be yourself, a relative, a friend or a professional entity, such as a bank or law firm. A trust is often advantageous for managing property for people who are not able to direct their own financial affairs, such as minor children or individuals with special needs. The great advantage of a trust is that it will bypass probate altogether. Going through probate is a public process and it can be time-consuming and costly. A trust does not need to be probated and is therefore more private and more difficult to contest than a will. Another benefit is that you have more flexibility in detailing how specific assets are to be distributed upon your death. Discuss the various types of trusts with Martin and he can help you choose the best option for your situation.
- [Contact Us](https://firebrick-cheetah-897285.hostingersite.com/contact-us/): CONTACT THE GARZA LAW FIRM WHEN YOU NEED A FAMILY LAWYER IN SAN ANTONIO Depend on Martin S. Garza, San Antonio family law attorney, for your legal needs, including estate planning, divorce and custody cases and criminal charges. With more than 20 years of experience, Martin has the knowledge and resources to represent you with honesty and integrity. He will personally meet with you and handle your case from the beginning through completion. Please contact him today to schedule a consultation concerning your situation. ADDRESS 24165 IH 10 West, Suite 217San Antonio, Texas 78257 PHONE NUMBER 210.354.4949 EMAIL ADDRESS info@thegarzalawfirm.com
- [Criminal Law](https://firebrick-cheetah-897285.hostingersite.com/criminal-law/): MARTIN S. GARZA, SAN ANTONIO FAMILY LAW ATTORNEY FOR CRIMINAL CHARGES DUI AND DWI The most common criminal law cases that come to The Garza Law Firm in Bexar County and surrounding areas are for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). The difference between the two is that DUI involves minors (under 21) and DWI is the charge for individuals 21 years and older. DEFINITION OF LEGAL INTOXICATION In Texas, a person is legally intoxicated and may be arrested and charged with DWI with a .08 BAC (blood or breath alcohol concentration). However, a person is also intoxicated if impaired due to alcohol or other drugs, including prescription medications, regardless of BAC. Whether you’re the driver or the passenger, you can be fined up to $500 for having an open alcohol container in a vehicle. JAIL BOND Martin S. Garza, family lawyer in San Antonio, has bonding authority as Surety in Bexar, Comal, Kendall and Bandera counties. If you or a family member are in jail, he can be reached 24/7 to post a bond. If you then choose to retain him as your attorney of record, half of your bond fee will typically be applied to your legal fees with The Garza Law Firm. IF YOU’RE STOPPED FOR DWI If you are stopped, be ready to show your driver’s license, proof of insurance and vehicle registration. If you refuse to take a blood or breath test, your driver’s license will be automatically suspended for 180 days. You will typically be asked to take field sobriety tests and/or submit to an intoxilizer breath sample. You may refuse all tests, including a blood test.  However, your license may be suspended for up to 180 days. The Garza Law Firm is prepared to obtain a court order for an occupational license which will allow you to drive during the suspension period. PUNISHMENT FOR DWI VARIES DEPENDING ON THE NUMBER OF CONVICTIONS: FIRST OFFENSE A fine of up to $2,000 Three days to 180 days in jail Loss of driver license up to a year Annual fee of $1,000 or $2,000 for three years to retain driver license SECOND OFFENSE* A fine of up to $4,000 One month to a year in jail Loss of driver license up to two years Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver license THIRD OFFENSE* A $10,000 fine Two to 10 years in prison Loss of driver license up to two years Annual fee of $1,000, $1,500, or $2,000 for three years to retain driver license *After two or more DWI convictions in five years, you must install a special ignition switch that prevents your vehicle from being operated if you’ve been drinking.
- [Custody Law](https://firebrick-cheetah-897285.hostingersite.com/custody-law/): MARTIN S. GARZA, CUSTODY LAWYER IN SAN ANTONIO AND SURROUNDING COMMUNITIES The best interest of the child or children is of course the key in custody decisions before the court. Martin S. Garza, family lawyer in San Antonio, is experienced in assisting parents who seek legal counseling for child custody cases. The ideal situation may be for parents to share in the rights and duties of child-rearing, but often taking the matter to court is necessary to help both parties come to an agreement. Even if parents agree on custody terms outside of court, the agreement is still subject to court approval. CHILD SUPPORT AND VISITATION If you have made the decision to divorce, Martin can help answer your questions about child support and visitation rights, which are separate issues. The court determines both and will usually order the non-custodial parent to pay child support and the custodial parent to make the child available for visits. The custodial parent has a duty to obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce its orders against either parent. FACTORS IN CONSERVATORSHIP (CUSTODY) Texas Family Code states that a judge may consider the following in determining what is in the child’s best interest: Whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators. The ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child’s best interest. Whether each parent can encourage and accept a positive relationship between the child and the other parent. Whether both parents participated in child rearing before the filing of the suit; and the geographical proximity of the parents’ residences. In addition, if the child is 12 or older, the judge may interview the child in chambers (the judge’s office) to determine the child’s preference as to which parent should  have the right to decide his/her primary (main) residence. If the child is under 12, the judge may interview the child; however, this is less common. PARENTING PLAN According to Texas Family Code, “A parenting plan contains the rights and responsibilities of each parent. It would include provisions for child support, possession of and access to the child. Parents can make a parenting plan and submit it to the court. In addition, a judge may order any other provision restricting possession of or access to the child, if deemed to be in the child’s best interest.”
- [Divorce Law](https://firebrick-cheetah-897285.hostingersite.com/divorce-law/): 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.
- [Martin S. Garza Attorney](https://firebrick-cheetah-897285.hostingersite.com/martin-s-garza-attorney/): ABOUT MARTIN S. GARZA, FAMILY LAWYER SAN ANTONIO Martin S. Garza received his Bachelor’s degree from St. Mary’s University of San Antonio and received his J.D. from Texas Southern School of Law in Houston, Texas. He is licensed to practice law in Texas in both State and Federal Court. His main focus lies in family law (divorce and custody), estate planning (wills and trusts) and criminal law. His interest is in serving clients, fighting injustice and making a difference. You will find that he is very approachable and easy to talk to when you meet with him for legal counseling. Interestingly, Martin began his law career as an entertainment attorney in 1996, representing recording artists, writers, agents and independent record companies. He continues to be involved in the music business. In addition to practicing as an entertainment lawyer, Martin was often called upon as a guest lecturer on various aspects of the music business. He is a current member of the Entertainment and Sports Law section of the Texas State Bar and general legal counsel for Corazon Management.
- [Home](https://firebrick-cheetah-897285.hostingersite.com/): Everyone needs a legally valid will Rely on The Garza Law Firm for your estate planning Retain Martin S. Garza as your attorney of record for DUI or DWI charges You’ll have the best defense strategy for your unique situation MARTIN S. GARZA, ESTATE PLANNING LAWYER IN SAN ANTONIO As a San Antonio estate planning attorney serving the San Antonio and the Texas Hill Country area, Martin S. Garza of The Garza Law Firm has more than 20 years of experience helping clients create wills and trusts, settle divorce and custody cases and representing them in criminal law matters such as DWI. Because his is a solo practice, Martin personally meets with each client and sees each case through to completion. Contact him to schedule an appointment. MEETING YOUR ESTATE PLANNING NEEDS FOR PROBATE, WILLS AND TRUSTS Everyone needs a will! Martin brings his experience to the estate planning process and will create an estate plan specifically for your individual needs. He will create a Last Will and Testament or Trust as needed. All estate plans include Powers of Attorney for both Healthcare and Statutory (legal) matters. Having a will or trust eases the transition of real and personal property and assets to your heirs and ensures they are transferred according to your wishes. What is the difference between a will and a trust? Learn more > RELY ON MARTIN S. GARZA, EXPERIENCED DIVORCE LAWYER SAN ANTONIO Making the decision to divorce is never easy, but The Garza Law Firm has the resources and experience to guide you in even the most complex divorce situations. Martin is also a custody lawyer in San Antonio in matters of child custody cases, visitation and child support as part of a divorce. Find out more about the divorce law and custody law services available to you through The Garza Law Firm. Sign up here > CRIMINAL LAW ATTORNEY IN BEXAR COUNTY AND NEARBY AREAS Martin S. Garza has bonding authority in Bexar, Comal, Kendall and Bandera counties. This service can expedite release from jail in a DUI, DWI or any other criminal situation, and will also save the client money when Martin is hired as the attorney of record for the case. Every case has its own unique set of circumstances and Martin has the experience and knowledge to develop the best defense strategy for each client. Read more about The Garza Law Firm’s legal services available for representing clients facing criminal charges. Read more > 10 IMPORTANT ITEMS TO CONSIDER IN A TEXAS DIVORCE Click here to download >


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