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We Fight To Protect Your Rights In Divorce

Divorce isn’t just the end of your marriage; it’s the beginning of your new life. If you are considering filing for divorce or have already been served with divorce papers, the decision about which lawyer to hire may be one of the most important decisions you make.

We are the Texas family law attorneys of Vela & Del Fierro, P.C., in San Antonio. Our unique approach to divorce representation is to fight aggressively to protect our clients’ interests because there is nothing less than the rest of your life at stake. If you’d like to learn more about how we can assist you, we encourage you to schedule an initial consultation. Just call 210-617-3925 or submit an online contact form to get started.

What Is No-Fault Divorce?

It used to be the case that divorces were only granted if one spouse could prove that the other spouse behaved in a manner that irreparably damaged the marriage. These days, however, every state (including Texas) now offers no-fault divorce. Neither spouse has to accuse the other of anything. It is a recognition of the fact that marriages sometimes don’t work, and it isn’t necessarily anyone’s fault.

Many couples choose no-fault divorce because it allows them to reach a divorce settlement through negotiation or mediation without the need to litigate in court. They might only need to stand before a judge to obtain a final divorce decree. Even in a contested that is litigated, filing a no-fault typically makes the process less acrimonious.

If your spouse was at fault for ruining the marriage, you still have the option of filing a fault-based divorce. There are specific grounds for a fault-based divorce, however, including infidelity (adultery), cruelty, abandonment and felony criminal conviction. One of the advantages of fault-based divorce is that a judge could award the innocent spouse a larger share of marital assets during property division.

Experience In All Areas Of Divorce

There are basically three main components of every divorce settlement: children’s issues, property/debt and maintenance. We have years of experience protecting the rights of our clients in all three of these critical areas.

  • Children’s issues: Unlike most other states, Texas uses the terms possession and access when referring to child custody, child support and parenting rights. Every county takes a slightly different approach to interpreting laws and how decisions should be made regarding the child’s best interests. We are ready to protect your interests in all matters regarding a final court judgment affecting your child’s welfare and financial support for your children. As circumstances and needs change, we can also help you petition to modify an existing court order.
  • Property division: With few exceptions, property and debt accumulated over the course of your marriage will be classified as marital property and subject to equitable distribution under the Texas Family Code. This does not necessarily mean, however, that all property is converted to cash and the pile of money is split evenly down the middle. The courts hope the divorcing spouses will reach a settlement; however, in many cases, the parties will not agree. We work hard to make sure your financial interests will be protected through every step of the process, including property valuation and classification, uncovering hidden assets, and negotiating a fair settlement or fighting in court if the trial is necessary.
  • Spousal maintenance: Often referred to as alimony, spousal support is usually one of the most emotional issues in a divorce. Whether you are fighting for the financial maintenance you are entitled to or fighting to protect yourself from an unfair financial obligation, you can count on our aggressive, effective representation.

As a full-service firm, we are ready to help you with the issues above or any other family law matters you may be facing.

Addressing Common Myths About Divorce In Texas

There are many divorce myths that are rooted in a kernel of truth. Below, we provide some clarity and context that ultimately debunk these myths.

Myth: Getting Divorced Will Ruin The Family Business

The truth is that a divorce can have a negative impact on a family business, but only if the divorce is handled improperly. If you own a closely held business, chances are good that your spouse has a stake in it, even if they don’t participate in daily operations. Therefore, the smartest move is to work with an experienced attorney with an in-depth knowledge of asset protection strategies. You may need to make some concessions during the property division process, but it is possible to protect your business from the harmful effects of divorce.

Myth: Divorce Is Harmful To Children, And Parents Should Stay Together ‘For The Kids’

While divorce is difficult on all members of the family, including children, the harm does not need to be permanent or even long-term. If parents make a conscientious effort to remain civil toward one another and to keep their children out of the fray, they can minimize the stress and psychological harm their children suffer. It is possible to achieve a successful and peaceful co-parenting relationship.

By contrast, many mental health professionals would argue that staying in a dysfunctional marriage for the sake of the children is likely to cause much more damage. Children are often much better off with two reasonably happy parents in separate households than they are living in one high-conflict household.

Myth: Getting Divorced Means Losing Your Home

This is not universally true. The marital residence is one of the “big-ticket” assets to be divided in divorce. For obvious reasons, it’s typically not a good idea for both spouses to remain living under the same roof. In many cases, one spouse will stay in the home while the other finds alternative housing. However, there are also many cases in which the house is sold and the couple divides the proceeds from the sale.

If keeping the marital residence is a major priority for you, you can typically achieve this goal if you make carefully considered decisions before and during the divorce process. Consult a family law attorney before moving out of the shared home, and let your attorney know that the marital residence is a priority asset for you.

Tell Us Your Story And Learn How Our Skilled Attorneys Can Help

Based in San Antonio, Vela & Del Fierro, P.C., serves clients throughout the surrounding areas of Texas. To request a time to meet with one of our experienced and caring lawyers, call us at 210-617-3925 or fill out our email contact form.