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What Constitutes Family Law?

Family law encompasses a comprehensive array of legal matters pertaining to family relationships and domestic issues. It involves divorce, child custody and visitation, child support, spousal support, property division, adoption, paternity, and restraining orders. Additionally, family law extends to issues involving prenuptial agreements, postnuptial agreements, and domestic violence. At True Law Firm, our team understands the emotional and personal nature of family law cases. We aim to ensure your rights are protected, and the legal process is as smooth as possible.

Types of Family Law Cases

Divorce and Separation

Divorce and separation cases are among the most common family law matters. In these cases, couples seek legal dissolution of their marriage or separation agreements. Texas follows a “no-fault” divorce system, meaning neither party must prove fault or wrongdoing for the divorce to be granted. However, issues such as property division, alimony, child custody, and support must be resolved. Our team provides family law consultations in San Antonio and guides clients through divorce, helping them negotiate fair settlements or representing their interests in court when necessary.

Child Custody and Visitation

Child custody and visitation disputes can be emotionally charged and complex. In Texas, child custody is determined based on the best interests of the child. Legal custody involves decision-making authority, while physical custody refers to where the child resides. Our experienced attorneys work diligently to protect the well-being of children and advocate for our clients’ rights. We aim to create custody arrangements that promote the child’s stability and happiness while protecting your rights as a parent.

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Child Support and Alimony

Child support and alimony (spousal support) are financial aspects of family law. Child support ensures both parents contribute to the child’s financial needs. Texas has guidelines in place to calculate child support payments, which consider factors such as income and the child’s needs. Alimony, on the other hand, may be awarded to one spouse to provide financial support after a divorce. Determining the appropriate amount can be a contentious process, but our attorneys at our family law firm in San Antonio possess the expertise to assist clients in reaching equitable agreements.

Property Division

Property division involves the distribution of assets and debts acquired during the marriage. Texas follows community property laws, meaning that property acquired during the marriage is generally considered community property and subject to equal division.

However, exceptions and complexities can arise, especially in high-asset divorces. Our legal team specializes in property division cases, working diligently to ensure that our clients’ financial interests are protected and that they receive their fair share of marital assets.

Family Law FAQs

What are the grounds for divorce in Texas?

In Texas, you can file for divorce on both “no-fault” and “fault” grounds.

  • No-fault divorce, the most common type seen at our family law firm in San Antonio, simply requires that you and your spouse have “irreconcilable differences” or have lived separately for at least three years. This means you don’t need to prove any wrongdoing to obtain a divorce.
  • Fault-based grounds include adultery, cruelty, abandonment for at least one year, felony conviction, or confinement in a mental hospital. Proving fault may affect property division or spousal support awards, but it can also make divorce more adversarial.

How does child custody work in Texas?

Child custody is determined based on the best interests of the child. Texas recognizes both legal and physical custody. Legal custody involves decision-making authority over important aspects of the child’s life, such as education, healthcare, and religion. Physical custody pertains to where the child resides. Texas courts usually prefer joint custody arrangements where both parents share decision-making responsibilities. Physical custody can also be shared, but it’s essential to establish a stable and suitable living environment for the child. To learn more, contact our family law firm in San Antonio to schedule a consultation.

What is alimony (spousal support) In Texas?

Alimony, also known as spousal support, is financial assistance one spouse may be required to pay to the other after divorce. In Texas, alimony is not automatically awarded. Instead, it’s typically granted when one spouse lacks sufficient property to provide for their minimum reasonable needs and meets specific eligibility criteria. The duration and amount of alimony can depend on various factors, including the length of the marriage, the requesting spouse’s financial needs, and the paying spouse’s ability to provide support.

What is mediation, and how can it help in family law cases?

Mediation is a process where a neutral third party, the mediator, helps couples reach mutually acceptable agreements in family law disputes. Mediation can be a highly effective alternative to going to court, as it gives parties more control over the outcome and often leads to faster, less expensive resolutions. It encourages open communication and collaboration between parties, promoting a more amicable and less adversarial resolution. In family law cases, many courts require mediation before proceeding to trial.

What is a prenuptial agreement, and do I need one?

A prenuptial agreement (prenup) is a legally binding contract that outlines how assets and debts will be divided in the event of a divorce. Prenups can also address other issues, such as alimony and property rights. While not required for every couple, they can be beneficial for those with significant assets, businesses, or children from previous relationships. To learn more, contact us for a family law consultation in San Antonio today!

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Why Choose True Law Firm As Your Family Law Firm In San Antonio?

True Law Firm is your dedicated partner in the pursuit of justice. Our team of caring lawyers is committed to achieving quick, swift resolutions to family law cases so all involved parties can move forward. We maintain low client numbers by choice, ensuring each client can maintain one-on-one contact with an attorney who will keep you in the loop throughout the process. We take an aggressive approach to litigation and negotiation, ensuring you get what you deserve. Schedule a consultation, and let us advocate for your best interests.

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