The family lawyers of Higdon, Hardy & Zuflacht, L.L.P. have dedicated our professional lives to helping individuals in San Antonio with legal issues involving family members, from divorce to disputes and everything in between. Every partner at our firm is Board Certified in Family Law, a unique distinction that confirms our dedication to excellent legal representation.
Our unmatched experience can work for you and your family regardless of your specific situation. We handle a broad range of family law issues, from military divorces and child custody cases to child support disputes and alternative dispute resolutions. The challenging times you are going through have been trying enough—hire an attorney who can make life easier for you and has your best interests in mind. Contact our San Antonio divorce lawyers at (210) 349-9933 to see how having an ethical and competent team on your side can lead to great results.
Our Family Law Practice Areas
Family is the number one priority for most San Antonio residents, and the attorneys at Higdon, Hardy & Zuflacht, L.L.P. respect how important family law issues are for you and your loved ones. Whether you need a lawyer to take on your fight for custody, secure assets within a divorce, or help you with an adoption, you have come to the right place. Our attorneys value family just as much as you do, and we are prepared to support you with quality representation and personal attention. Browse our site to learn more about the cases we take on, or contact us by calling (210) 349-9933 for your initial consultation. Allow us to guide you through your legal journey with as much ease and empathy possible.
If you are considering filing for a divorce in Texas, it is important to retain an attorney to help you through the process. The next best thing you can do once you’ve hired a good divorce attorney is to learn about Texas divorce laws. Here is some of what you need to understand about divorce in Texas.
The Seven Statutory Grounds for Divorce in Texas
In Texas, there are seven basic statutory grounds for divorce, six of which require you to find fault in your spouse if you are the one filing for divorce. Insupportability, the seventh, is a “no-fault” grounds for divorce, which is the most commonly cited grounds in most cases.
In Texas, the seven statutory grounds for divorce are:
Personality conflicts or other discord makes the marriage insupportable between the two individuals and there is “no reasonable expectation of reconciliation.”
Cruelty on the part of one spouse makes living together impossible
A felony conviction results in the imprisonment of one spouse for a year in any of the following: the Texas Department of Criminal Justice, another state’s penitentiary, or a federal penitentiary
Abandonment for at least one year
The couple has been separated and has not lived together for at least three years
You may be asking yourself: If no-fault is the most commonly-cited grounds for divorce, why would anyone choose to cite the other grounds, especially if it places the blame on the other party? Well, some individuals want to place the fault on their spouse because if the court agrees with the grounds, a more significant share of the property may be awarded to the person who is not at fault.
Filing For Divorce
To file for divorce in Texas, either you or your spouse must meet the State of Texas’ residency requirements, as well as the residency requirements of the county in which you file for divorce. There are two components to residency in Texas, which include:
One person must have been a resident of the state for six months before the divorce filing
The individual who files the forms for divorce must have been a resident of that county for ninety days before submitting
If you are living out of state but want to file for a Texas divorce, the process might be slightly more complicated. Non-Texas residents who wish to file for divorce may do so by mail, but they need to check to see if the county in which they plan to file accepts divorce paperwork by mail. Certain counties require individuals to file the paperwork in person, so you may be forced to travel to the county to file your divorce papers. Texas also requires the filing party to be present at a hearing in court, so you should plan to return to the county for that as well. Because of these requirements, most people choose to file in the state and county in which they currently reside.
If you have been living in the county for at least 90 days, you can file a divorce petition with the District Court clerk’s office in the county. For your convenience, we have included a link to the District Courts in Texas – maps.txcourts.gov.
The person who petitions for divorce is referred to as the “petitioner,” and the spouse who did not file is referred to as the “respondent” in Texas. The respondent typically has 21 days from the date that they are served with the paperwork, or else the case will go into “default.” If a case is considered to be in “default” the proceedings may move on without the respondent. If you have been served with divorce papers, it is critical that you consult with an experienced divorce attorney to protect yourself and your property and ensure that your case does not end up in default. Your San Antonio divorce attorney will advise you and will help you respond to the petition and will represent you in your case.
The certified family law attorneys at Higdon, Hardy & Zuflacht, L.L.P. are dedicated to helping families resolve their disputes in the most fair and painless way possible. Family disputes are emotionally trying and require the full attention of the legal team involved. That’s why we are committed to using our knowledge of the law to secure your future and the future of your family.
Our compassionate and experienced team of family law lawyers is prepared to help you with the following types of cases:
Child Custody and Support
Pre- and Postnuptial Agreements
Alternative Dispute Resolution
You do not have to go through your family dispute alone. If you need help with a family law matter, then please do not hesitate to reach out to our team of certified attorneys as soon as possible. Contact our San Antonio offices at (210) 349-9933 today to begin working toward the outcome you deserve.