San Antonio Divorce Attorney

What are the Types of Divorce in Texas?

The state of Texas has four different types of divorce:

• Uncontested - Both parties can agree on how to split assets, property, spousal support, and child support. This type of divorce is the fastest, although it is recommended each party still retain his or her own legal counsel to make sure that important rights are not being overlooked and forfeited.
• Contested - This type of divorce happens when the parties cannot agree on how to dissolve the marriage. One spouse will have to petition and the other spouse will have to be served. Both parties will need lawyers. This type of divorce goes to court and is seen before a judge.
• Mediated - In this type of divorce, a neutral third party will help both parties reach an agreement. This type of divorce usually happens at the lawyer's office.
• Collaborative - This divorce process is similar to a mediated divorce. The difference is that both parties will have their own attorneys and there will also be a neutral party between the two sides.

Grounds for Divorce in Texas

There are seven legal grounds for divorce in the state of Texas. One ground (insupportability) results in a “no-fault” divorce, meaning neither party is accused of any wrongdoing or is held responsible for the end of the marriage. This is simply when you and your spouse have decided to end your relationship and move on with your lives separately. The other six grounds require a spouse to be assigned fault.

The other grounds for divorce in Texas include:

• Adultery
• Cruelty
• Conviction of felony
• Abandonment (of at least one year with intent to abandon)
• Confinement to a psychiatric hospital for at least three years
• Living apart (for at least three years)

If your spouse disagrees with any information detailed in your divorce papers, he or she can “contest” the divorce and you will have court appearances to resolve any issues. If all issues and information in the divorce documents are agreed upon by both spouses, this is considered an “uncontested divorce.”

What is the Cost to File for Divorce in Texas?

Divorce costs depend on the complexity of a couple’s marriage and the difficulty of dissolving their union. Bexar County couples considering divorce should prepare to pay fees including:

• Filing fee for a divorce or annulment without children: $293
• Filing fee for a divorce or annulment with children: $344
• Fee for an issuance of citation: $85
• Fee for services by certified mail: $85
• Copy fees: $1 per page, or $2 for a certified copy
• Change of name certificate during divorce: $10

In addition, couples could expect to pay varying rates for attorneys, mediators, custody evaluators, and other specialized assistance.

If an individual is unable to afford the filing fees, they may fill out a Statement of Inability to Afford Payment of Court Costs. A judge will review the paperwork to determine whether to approve or deny the application.

We're Ready to Help You File for Divorce —Call 210-405-8315

To file for divorce in Texas, at least one spouse has to have been a resident of the state for a minimum of six continuous months and a resident of the county in which the divorce is filed for at least 90 days. A divorce can be granted by a judge 60 days after the initial petition is filed. However, if the spouses are not in agreement, it may take several months to a year before the divorce can be finalized.

Whether you need assistance filing your divorce papers, negotiating spousal support or alimony, or simply have questions, we are ready to partner with you at this difficult time and ensure that divorce is completed as efficiently and favorably as possible. 

Our dedicated team of San Antonio divorce attorneys is ready to hear from you. Contact us today to get the compassionate representation you deserve.