Divorce Attorney in San Antonio

What Is the Standard Procedure for a Divorce?

A divorce always starts with filing a divorce petition. The divorce petition is written by one of the spouses and is served to the other spouse. The petition is then officially filed in a state court in the specific county where at least one of the spouses resides. It does not matter when filing for divorce where the marriage occurred. The divorce petition will include important information regarding the marriage. It will name the husband, the wife, and any children, and will state whether there is separate property or community property and whether child custody or spousal support is required.

The divorce petition has to officially be served to the other spouse during a phase of the divorce often called service of process. If both spouses have agreed to the divorce, the other spouse may only need to sign an acknowledgment of service. However, if the other spouse refuses to sign your petition or is hard to locate, you may hire a professional process server, who can personally deliver the paperwork.

Contact The Locke Law Group to begin the divorce process today! We can be reached through our online form or by calling (210) 361-3113.

How Do You Begin Divorce Proceedings? 

Completing the service of process is what starts the clock running on the waiting period in your state. 

It also: 

• Enacts automatic restraining orders on both of the spouses, limiting what they can do with their funds and assets
• Helps to establish the date of separation
• Bars either spouse from taking the children out of state, sell any property, or sell insurance that is held for the other spouse

The non-filing spouse is known as the respondent. Although it is not actually required, the respondent can file a response to the petition saying that he or she agrees. This makes it more likely that the case will proceed without requiring a court hearing, which can only delay the process and cost more than it would otherwise. Generally speaking, if a response is not filed within 30 days, the petitioner can request that a default judgement be entered by the court, granting what was asked for in the divorce petition.

Understanding the Difference Between Contested and Uncontested Divorce

When facing a divorce, understanding the difference between a contested and uncontested divorce is crucial. This distinction can significantly impact the duration, cost, and emotional strain of the process.

In an uncontested divorce, both spouses agree on all significant issues. These include property division, child custody, child support, and alimony. Because there is mutual agreement, uncontested divorces are typically quicker and less expensive. The couple can often resolve matters without extensive legal intervention, sometimes only needing a mediator to facilitate discussions and finalize agreements. This type of divorce tends to be less adversarial, reducing the emotional toll on both parties and any children involved.

Conversely, a contested divorce occurs when the spouses cannot agree on one or more critical issues. This disagreement requires court intervention to resolve the disputes. Contested divorces are more complex and can be time-consuming and costly due to the need for legal representation, multiple court appearances, and possibly a trial. Each party presents evidence and arguments, and a judge makes the final decisions on unresolved matters. The contentious nature of contested divorces can exacerbate stress and conflict, often leaving lasting emotional impacts on the family.

For residents of San Antonio, navigating a divorce—whether contested or uncontested—requires a comprehensive understanding of Texas divorce laws. An experienced San Antonio divorce attorney can provide essential guidance, ensuring that one's rights and interests are protected throughout the process. They can help facilitate negotiations in an uncontested divorce or vigorously advocate in court during a contested divorce.

When Can a Divorce Be Finalized?

Both spouses will be required to disclose information regarding their assets, their liabilities, their income, and their expenses. If the divorce is uncontested and the spouses both agree on the terms, there is only a small bit more paperwork to file at this point. Once the court enters the divorce judgment, the divorce is finalized. 

However, the marriage cannot dissolve, and the spouses cannot legally remarry until the end of the state’s waiting period, which, in Texas, is 60 days. If there are any disputes that cannot be agreed upon, additional court hearings and possibly a trial will be required.

To begin the divorce process, contact our San Antonio divorce attorneys at (210) 361-3113 today.