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Arthur G. Augustine, Board Certified - Texas Board of Legal Specialization San Antonio Divorce Lawyer. Child Custody and Child Support Experts ~ based in Bexar County and providing divorce and Family Law services that get proven results, throughout South Texas. "You don't have to lose your children, your money or your assets in a Bexar County divorce." Arthur G. Augustine Even in the best of instances, divorce in San Antonio is likely to be one of the most painful and difficult experiences you will encounter and the results can affect you for many years to come. Your choice in selecting the San Antonio Divorce Law Firm that will represent you in this key moment will have a massive impact on how your case is handled and how your life is sculpted afterwards. Free Consultation At the Law Firm of Art Augustine, our San Antonio Divorce Attorneys offer our clients many advantages to protect you, the safety of your children, your money and assets while making the divorce process as easy and painless as possible. Divorce, even under the best of circumstances is hard on everyone involved and therefore it is important that everything go as smoothly as possible. A divorce attorney should have your best interests at heart and help you through the divorce process in an efficient manner. The divorce lawyer will help lay out the terms regarding child custody, alimony, debt & asset division and other aspects that are generally included in a divorce. However, there are many times when one party contests the terms of the divorce, which means one of the parties involved may get in the way of the dissolution of the marriage by legal means. In plain and simple terms, one of the parties fights over the terms of the divorce because they do not agree with the terms. If you’d like to learn more about your particular situation, contact us and let our family law attorneys help you determine whether your divorce will be contested or uncontested. Free Consultation Division of Assets and Custody Issues As humans, we are emotional beings and often as a marriage dissolves, hurt and angry feelings arise getting in the way of coming to terms with the divorce. Tearing down a relationship brings up lots of painful issues and usually addresses material aspects such as asset division, or even harder, custody battles. When a divorce petition is not agreed upon it is called contested. When the partners agree is it uncontested. A contested divorce is one where the two partners cannot agree on several major issues related to the ending of the marriage. Contested divorces are very common since we each have our own perception of a situation. When this occurs, the couple takes their issues to a court where the court decides on the resolution. Submit your case to a sponsoring family law lawyer today and learn about more in-depth information regarding this topic. Free Consultation Issues Regarding Contested Divorce The issues that generally arise in a contested divorce typically focus on custody of children and child support, division of assets and property and allocation of debts and alimony. These are all complex issues that involve high financial stakes as well as legal procedures that must be addressed in a court of law. These are issues that speak to the subject of dividing community property, which parent will have custody of the children and how much child support and spousal support should be paid. These are great areas of concern and often require the assistance of a matrimonial lawyer. Free Consultation The Results of a Contested Divorce More often than not, a contested divorce will contribute to further resentment, anger and fear, between two people who at one time cared enough to marry and have a family. Unfortunately, while it is common, contested divorces potentially result in a great deal of loss such as loss of business, loss of income, loss of family support, legal bills and pain to the children. The cost of a contested divorce is far more expensive than just money; the cost affects innocent lives and takes a toll on everyone concerned. One of the reasons a pre-nuptial agreement is used is because it may alleviate the possibility of a divorce being contested, but asking someone to sign a pre-nup can cause resentment before the marriage ever gets started. Free Consultation Hiring a Divorce Attorney for Contested Divorce It is always recommend that couples seeking a divorce should try to use whatever means possible to resolve these issues without going to court. However, if the spouses hit an impasse and simply cannot work things out on their own, arbitration and mediation, with divorce attorney representation is recommended. Free Consultation With all Divorce cases we offer expert divorce attorneys committed to serving your legal needs. As experienced and dedicated San Antonio Divorce Lawyers we are committed to handling your Divorce matter. Whether your facing a pending divorce, child custody dispute, or any other family law issue, the Law Office of Arthur G. Augustine is here to help. In addition, in this time of financial uncertainty, while we continue to offer services unmatched by the big San Antonio Divorce firms, we strive to reduce fees and costs for our clients wherever possible. Call the Law Office of Arthur G. Augustine today to arrange a free consultation at (210) 299-4777. At the Law Office of Arthur G. Augustine, we handle the following types of family law matters: •Divorce If you are facing divorce, dissolution, or any other family law issue, don’t delay, call the Law Office of Arthur G. Augustine today to discuss your family law matter. Today it is quite frequent that families experience difficulties. It is how you approach these difficulties, that include dissolution of marriage, custody, visitation and support actions that can make lasting impressions for the future. The professionals at the Law Offices of Arthur G Augustine understand these situations and work hard to make sure that an already difficult time does not become more difficult. As a client you will be actively involved in how we approach your case. With this strategy in mind, you will be well informed as to all aspects of your case so you will feel comfortable in any decisions that are made by you on your behalf. Family Attorney Art Augustine is distinctly familiar with what is important to a family both emotionally and financially. He knows how important a family dynamic is to each and every client on an individual basis. You can be certain that our family law practice focuses on your specific needs within the law. Free Consultation Every case is handled according to you and your families needs and the best interests of everyone involved. Experience counts and it is the experience in the approach our office prides itself upon that distinguishes us from all the rest. Grounds for Divorce In almost all cases, irretrievable breakdown is the sole ground alleged, and it is legally sufficient. However, as noted above, occasionally multiple grounds may be alleged because marital "fault" is permitted to be taken into account in the court's assignment of property and alimony. But proof of "fault" may be considered even when irretrievable breakdown is the sole ground alleged. The grounds for dissolution are the following: •1.Irretrievable breakdown When jurisdiction is present over the children, a dissolution decree must dispose of the issue of child custody. Texas follows the "best interests of the child" standard in making a custody award. The child's preferences and the cause for the dissolution of the marriage may also be considered. In contested custody matters, an attorney may be appointed to represent the minor child, at the expense of the parents. Disputed matters are referred to the Family Relations Office for mediation and/or a custody evaluations. Texas has a statutory presumption in favor of joint custody when the parents agree to it. Visitation is generally arrived at using the same "best interests" standard applicable to custody. Child support Texas Family Law requires both parents to support their children in accordance with their respective abilities. The published guidelines are required to be considered in each case. The court also must consider the value of the homemaker's services in dividing assets. In marriages of relatively short duration, the court will often attempt, as nearly as possible, to restore the parties to their pre-marital financial state. In relatively long marriages, the property distribution usually is closer to 50-50, although that result can vary widely depending on the court's analysis of the twelve factors. The decision of the Court in Wendt v. Wendt is an exhaustive discussion of this subject area and required reading for attorneys who practice in this field. Disclosure of Finances Each party to a dissolution in Texas must make complete disclosure of his income, expenses, assets and liabilities. All of the traditional litigation discovery tools are at the disposal of the parties' counsel: interrogatories, depositions and requests for production of documents, among others. In most relatively simple cases, discovery is limited to exchange of tax returns and W-2 forms. Discovery of business proprietors and others who are in a position to conceal or manipulate their income may involve extensive (and expensive) procedures by accountants and actuaries. Separation Agreements Probably more than 90% of all dissolution cases are settled prior to trial in Texas. The traditional means of memorializing a settlement is a writing called a "Separation Agreement." This agreement, drafted by the parties' counsel, and then executed and acknowledged by the parties, provides for all of the financial arrangements (alimony, child support, real and personal property, counsel fees, etc.) to which the parties have agreed, as well as for the custody and visitation of children, waiver of rights in future property (including estate rights), and other matters. Free Consultation If the parties have settled their case by agreement, the case is claimed for the "uncontested" list, and a hearing is scheduled. At the hearing, the court inquires into such matters as jurisdiction, whether the grounds have been proven (which they always are!), and whether the agreement is fair and equitable to both parties in light of their resources and needs. Since public policy favors private resolution of disputes, the parties' agreements are almost always approved. Court Procedure The dissolution of marriage action is commenced by filing a summons and complaint with the Superior Court in the judicial district where one of the parties resides. The filing or "entry" fee is $225, and the marshal's fee for service of papers will generally be about $50. Free Consultation The complaint sets forth the names of the parties, the maiden name of the wife, the basis of the court's jurisdiction, the names and birth dates of the minor children, the grounds, whether a party has received public assistance, and the relief requested. The court can award alimony, an assignment of property, child support, custody, restoration of the wife's maiden name, and any other appropriate relief. Although the parties to a divorce action are denominated as "plaintiff" and "defendant," it really does not matter which party commences the action. Some attorneys suggest that there is an advantage to being the plaintiff because you get to tell your side of the story in its entirety first, although in practice it rarely makes much difference. The complaint must be served on the defendant at least twelve days before the return date (a date specified by plaintiff's counsel), and must be filed in the clerk's office at least six days before the return date. Texas has a 6 month "cooling off" period after the commencement of the action and before a final judgment can be rendered. During the pendency of the divorce, the parties may require temporary alimony, child custody and support, a restraining order against abuse, and exclusive possession of the marital residence. The court is empowered to grant appropriate temporary relief. Free Consultation Court Jurisdiction Texas courts have subject matter jurisdiction when one of the parties has been a resident of the state of Texas for at least twelve months, or if one party was domiciled here at the time of the marriage and returned to the state with the intention of remaining permanently prior to commencing the dissolution action, or the cause of the dissolution occurred in Texas. As a general matter, where jurisdiction is based on residence, an action can be commenced immediately upon becoming a resident of the state, and the required twelve-month period need only be established at the time of the final judgment. Free Consultation Personal jurisdiction is not required for a dissolution of marriage, since the court is deemed to have "in rem" jurisdiction over the marriages of residents of the state. However, the court must have personal jurisdiction over the defendant if financial orders are to be imposed on him or her. All dissolution actions require that the defendant, even if absent from the state, be given notice and an opportunity to be heard. If the defendant cannot be found, a notice is required to be published in a newspaper pursuant to court order. Free Consultation If you need a Family Law Attorney, San Antonio Family Law Attorney | San Antonio Family Lawyer | Family Law Firm | Family Law Firms | Family Attorneys | Family Lawyers | San Antonio Family Law |
