San Antonio Divorce Lawyers
Divorces can be messy, stressful, traumatizing, and expensive– especially if you don't have an experienced San Antonio divorce attorney on your side. But this doesn't have to be the case for you. Retain a highly skilled family law attorney who will help determine how much you're entitled to in the settlement.
If your marriage has ended and you need to know how to find a good divorce lawyer, look no further than Morales Padia Law.
What a Morales Padia Divorce Attorney Can Do for You
Entering into divorce proceedings, there are many unknowns. Assuming it's not a process you're familiar with, it can be easy to get overwhelmed by all that's occurring. That’s where a divorce lawyer in San Antonio from the firm of Morales Padia comes into the picture. One of our experienced attorneys will work tirelessly to protect your rights and provide you with the highest representation possible. The Morales Padia team will be there every step of the way to offer legal advice, draft and file paperwork, and determine the following:
- Alimony
- Child Support
- Division of assets
- Child Custody
Why Should I Hire a Divorce Lawyer?
Divorces can get complicated fast. Having a San Antonio divorce lawyer by your side who has handled their fair share of cases will do wonders for minimizing your stress. Generally speaking, hiring a divorce lawyer is the simplest way to ensure you receive all you're entitled to.
Forbes Advisor said there were 673,989 divorces and annulments between 45 states in 2022. Of these numbers, the common reasons for divorce were lack of commitment, infidelity, domestic abuse, incompatibility, and money issues; lack of commitment was the most cited reason at 75%. In situations like the above illustrated and more, an attorney is invaluable. Hiring a divorce lawyer has many crucial benefits, such as:
- Having a better understanding of Texas' family law
- Mistake-free paperwork
- Protection of and advocacy for your rights and fair monetary value
- A faster process
- Ensuring you're getting all the law entitles you to
- Smoother negotiations
- Drafting and reviewing all agreements and settlements
Finding the Right Fit
Attorneys are not one-size-fits-all. Who your spouse chooses to represent them in court will likely be the complete opposite of the kind of representation you'd choose for yourself. When looking into how to find a divorce lawyer, it's essential to choose an attorney that's the right fit for you, not the most convenient choice you stumble upon.
To determine what divorce attorney in your area is best suited to represent you in court, come prepared for the consultation with questions ready to ask. Wondering what to ask a divorce lawyer? We can help:
- What experience do you have with divorce cases?
- How long do you think my case will last?
- How do you think the judge will rule?
- Will anyone else be working on my case?
- How do negotiations work?
- What are your fees, and are they hourly or based on a retainer?
- How often will you contact me?
- How can I get a hold of you?
- Will I be expected to pay for my spouse's attorney?
- Do I need to keep in contact with my soon-to-be-ex spouse?
Finding an attorney who understands your specific needs is crucial to reaching an agreement you're comfortable with. Remember to keep your options open, research multiple law firms, and consider what experience they'd bring. Finally, although it's important, remember that price isn't everything. Paying a slightly higher fee will be worth it if it means getting all you're owed.
How Much Does a Divorce Attorney Cost?
There's no clear-cut answer to the question of how much a divorce attorney costs, as each case is different. However, there are a few general numbers you could refer to when preparing to retain an attorney. To get started on your divorce agreement, the average attorney will charge between $3-5,000 plus an additional $175 to $400 an hour. After that, there are court fees and other costs, including:
- Filing fees
- Child custody evaluations
- Mediation
In Texas, the average cost of a divorce falls between $4-5,000 if it has gone uncontested– a divorce in which both spouses agree to all terms and there are no matters to dispute. If a dispute is resolved without going to trial, the average cost rises to $6-12,000. If the courts get involved in a divorce, costs can increase to $13-23,000. In some instances, your attorney may allow you to pay a lesser upfront sum and continue payments through alternative billing options. Most family law attorneys understand that divorce can be draining and hard on the entire family, so they may be willing to work with you on the cost of their services.
What is the Average Retainer Fee for a Divorce Lawyer?
Most practicing divorce lawyers expect clients to pay a "retainer fee." Think of it like a downpayment for their representation, which you will be expected to pay the rest of at the end of your case. Common occurrences may require you to pay a fixed fee that doesn't depend on the time spent on it, which is usually taken out of the paid retainer. On average, divorce lawyers retainers fall between $3-5,000. You can recoup some of it if they have billed you hourly and haven't used the total down payment.
Hourly Rates of a Divorce Attorney
If not using a retainer, your lawyer may instead bill you hourly (that $175-500 we mentioned earlier). Hourly rates, on average, are only a fraction of the retainer's cost. The rate can vary depending on your attorney's experience and if more than one is working on your case. However, some lawyers may also charge a retainer to subtract the time they've spent working on your case from it. Once it's been spent, they'll charge additional fees.
Usually, hourly rates go into effect when you've spent significant time speaking with an attorney, like when they're reviewing information or preparing materials. Remember that they should always inform you beforehand of how long it will take to prepare a document they plan to charge you for.
Texas' Grounds for Divorce
Unlike many others, the Lone Star State requires couples seeking a divorce to have a "solid" reason for the separation. To be granted a divorce, you must be able to prove at least one reason that the court should adhere to your request. According to the Family Code of Texas, seven valid grounds are categorized into fault or no-fault divorces.
Insupportability
This is a no-fault ground for divorce. Essentially, insupportability is irreconcilable differences, meaning the marriage is no longer sustainable. Whichever spouse files must show that it has become insufferable or intolerable due to conflict and that there is no "reasonable expectation" that they will get backtogether.
Living Apart
This is a no-fault ground for divorce. If you and your spouse have been living apart for at least three years, you can get a divorce without a reason; however, you will have to show why they should grant it. You can not have lived with them within that three-year time frame for living apart to count.
Confinement in a Psychiatric Facility
This is a no-fault ground for divorce. When a spouse has been confined to a psychiatric facility for at least three years and recovery is unlikely, the court may grant a divorce. If the mental disorder is of the nature where relapse is likely, a divorce may be given.
Cruelty
This is a fault ground for divorce. Under cruelty, the filer accuses their spouse of willfully causing them pain or suffering, making living together impossible. However, cruel treatment can be challenging to prove as each case is determined by its own facts, and what one person believes to be cruel, the other may not. To be granted a divorce on this ground, the judge must see that the cruelty was a willful, persistent infliction, either mental or physical, that caused the victim unnecessary suffering.
Adultery
This is a fault ground for divorce. Adultery is defined as "the voluntary sexual intercourse of a married person with one, not the husband or wife of the offender." It can be used as a grounds for divorce when there is clear proof that there was an affair. Adultery can be proven with circumstantial evidence like receipts or bank statements showing purchases of gifts, jewelry, loans, or trips that the spouse never received.
Conviction of a Felony
This is a fault ground for divorce. If your spouse receives a felony criminal conviction during the course of the marriage, you could be granted a divorce so long as they were imprisoned for at least one year and have not been pardoned. Note that if they were convicted based on your testimony, a divorce cannot be granted on this ground but may be granted on cruelty or insupportability.
Abandonment
This is a fault ground for divorce. You may be granted a divorce based on abandonment if it's proven that your spouse voluntarily left with intent for at least one continuous year. They must not have the intention of returning to live with you. However, if they have returned but do not plan on cohabitating with you, a judge may still grant the divorce.
Additional grounds for divorce in Texas, though uncommon, may include:
- Alcohol or substance abuse
- Impotency
- Infertility
- Homosexuality (for married heterosexual couples)
- Cultural or religious differences
- Financial backing (when one spouse is unwilling to support the other financially even if they have the means to do so)
If you want to permanently separate from your spouse and need assistance from an attorney you can rely on, contact Morales Padia Law. Our firm is headed by the most strong-willed and highly-skilled female divorce lawyer in San Antonio.
Voted San Antonio's Top Lawyers—40 Years of Combined Experience.
No one gets married expecting that it will end in divorce. Sometimes, though, it's unavoidable, no matter how much you wish it were. At Morales Padia Law, you're entitled to compassionate, experienced representation during a divorce. Our team of dedicated family law attorneys will lend our legal expertise to your case, guiding you through the complexities of the courtroom and working to get you the outcome you deserve.
Choose Morales Padia Law for your divorce attorney in San Antonio. We provide clients with expert guidance, vigorous advocacy, skilled negotiations, and experienced court representation.
Contact us today for a free case evaluation.
Frequently Asked Questions (FAQs)
How Long Does the Average Divorce Take?
There is no standard length for how long a divorce takes. Depending on the factors involved, such as alimony, custody, and property, it could take months or more than a year.
Who Pays Attorney Fees in a Divorce?
Each spouse, generally speaking, will pay for their legal fees. However, there have been instances where one spouse is required to pay for both sides if:
- They control the household money
- You are a stay-at-home parent
- They have significantly more money than you
- It is stipulated in a prenuptial agreement
Do I Really Need an Attorney?
While you aren't required to get legal representation, it's strongly recommended due to the complex nature of divorce proceedings. An experienced San Antonio divorce lawyer can provide valuable assistance to counsel you through the process and can see potential issues that may occur with legal documents.
How Long Do I Have to Be Separated Before I Can File for Divorce?
There are no marriage separation requirements in Texas before filing for divorce.
Will My Case End Up Going to Court?
Your case may not wind up in court if the divorce goes uncontested. If you can both agree on everything, the only time you'll be required to appear in a courtroom is for the Final Prove Up. However, even that can be taken care of with signatures. If there are contests, the case will most likely go to court.
How Can I File for Divorce in Texas?
The first step in filing for divorce in Texas is creating a divorce petition. Morales Padia Law will assist you in creating the petition, provided you have been living in a Texas county for at least 90 days.
Find a child support lawyer
Child support problems can be incredibly stressful. At Morales Padia Law, our San Antonio child support attorneys have deep experience handling these cases, calculating child support and ensuring that our clients’ best interests—and those of their children—are fully represented. Regardless of your current child support situation, we can help navigate these complex cases.
Our child support legal services in San Antonio
Child support case review
First and foremost, many parents have questions about child support and how they can best protect the interests of their children and themselves in these cases. An experienced child support attorney is the best place to start; they can provide a breakdown of local child support laws and help you better understand the process so you can more easily navigate related issues.
Establishing child support orders
Our San Antonio child support lawyers can assist parents in obtaining court orders to establish child support obligations. We’ll handle the paperwork and represent you in court hearings, advocating for the best interests of you and your child.
Modifying existing child support orders
Child support is a fluid and ever-changing thing, based on a variety of factors that tend to change throughout the child support lifespan. This could include changing income levels, employment status, or child needs. We can help parents seek modifications to existing child support orders when these circumstances change, including filing petitions with the court and representing clients in modification hearings.
Child support mediation and negotiation
Child support is not typically black and white. In many cases, we can facilitate negotiations between parents to reach agreements on child support issues outside of court. This can be easier on both the parents and the children and produce a win-win outcome.
Legal representation in court
In the event that child support issues do go to court, we can represent you. We’ll advocate for your interests before a judge, present evidence, and leverage skilled legal arguments to ensure a fair and equitable resolution of child support issues.
Benefits of hiring a child support lawyer
Clear up confusion around child support
Calculating child support payments and navigating the process as circumstances change can be confusing and complex. Child support attorneys have specialized expertise—including relevant state laws, regulations, and legal procedures to ensure you have the power of knowledge.
Personalized consultation
You can Google “child support calculations” or any number of other terms and get general information on child support rules in your state. But only an experienced San Antonio child support lawyer can look at your individual circumstances and come up with a custom plan to address your needs, goals, and interests.
Assistance with paperwork
Like any family law matter, child support cases often involve complex paperwork and procedural requirements. We can take this burden off your plate—helping with all child support paperwork to ensure the best possible outcomes.
Court representation and negotiation skills
Negotiation and court representation is an art and a science. Our child support attorneys are great at what they do—with the specific skill sets to negotiate or argue your case in court.
Child support FAQs
How much does a San Antonio child support lawyer cost?
The answer to this question varies greatly depending on the situation and the length of time it takes to resolve the child support case. Generally, however, clients see a significant return on their investment in a child support attorney, thanks to money gained or saved in the form of child support payments.
How is child support calculated in Texas?
Child support in Texas is a fairly simple calculation, based on each parent’s income, as well as the child’s medical expenses. But extenuating circumstances can affect child support negotiations—such as if a child has special needs, or if one parent has primary custody vs. more equally shared custody. That’s why it’s crucial to have a San Antonio child support lawyer review your case to determine the most appropriate child support calculations and negotiate this on your behalf.
When do I need to hire a lawyer for child support cases?
The sooner the better. If you are planning for or going through a divorce and you have children with your spouse, it’s best to talk to an experienced family lawyer right away. They can provide a free case review to help you understand what to expect in child support calculations, negotiations, and if necessary, court proceedings.
My child’s other parent failed to pay child support. What can I do?
In the event that your child’s parent fails to pay court-ordered child support, prompt action is crucial. First, consult with a lawyer who can help you determine the proper next steps and protocol for the best possible outcome. The usual steps include:
- First, you’ll need to attempt communication with the non-paying parent and attempt to resolve things amicably.
- If communication attempts fail, be sure to document all missed payments with detailed records.
- Your attorney can help you contact your state's child support enforcement agency, which can attempt to enforce the child support order through things like wage garnishment, interception of tax refunds, or suspension of driver's licenses or professional licenses.
- If this fails, you’ll need to work with your child support attorney to file a motion for contempt of court. If the court finds the non-paying parent guilty, they can face fines and even jail time.
- Once the initial matter is resolved, be sure to monitor compliance and keep diligent records to prevent or help remediate future issues.
Do you handle child custody and spousal support cases as well?
At Morales Padia Law we handle a wide range of family law matters, including but not limited to:
- Divorce and separation
- Child custody and visitation
- Child and spousal support
- Property division
- Adoption and conservatorship
- Child protective services cases
- Modifications to existing orders
- And enforcement of orders
San Antonio Child Support Case Review
Need help with child support matters? Contact us today for a free case review!
Estate Planning Attorney in San Antonio
Whether you need to draft a will or other estate planning documents or probate a loved one's estate, Trisha Morales Padia is the estate planning attorney to help guide you through the complex process. We know these matters can be as sensitive and emotional as they are complex and stressful - but our team is committed to making things easier.
On this 15-minute call, we’ll help you consider the right path to an estate plan that works for you and the people you love. Some of the questions we’ll consider together:
- Should you have a will, trust or something else?
- What should an estate plan cost?
- Should you go it alone or get our support?
- If you hire a lawyer, how should you choose who to hire?
As your Trusted Family Lawyer, our promise to you is to help you get a plan in place that will work for your loved ones when they need it, and keep them out of court and out of conflict.
A Strong Focus on San Antonio Estate Planning
We have deep experience in estate planning and are happy to guide our clients through the process. Still no sure? Check out the free resources on our dedicated estate planning website - including guides all about the process and what to expect.
Visit Our San Antonio Estate Planning Website
Our Estate Planning Services in San Antonio
Estate Planning
Estate planning can help provide peace of mind and prevent complex issues after a family member passes. Our estate planning services are designed to help you protect and distribute your assets according to your wishes while saving your loved ones from added stress. We can help protect your assets from creditors, lawsuits, and other potential threats—as well as identify ways to minimize taxes and maximize the value of your estate for your beneficiaries. No matter what your estate entails, we’ll work closely with you to create a customized plan that addresses your specific concerns and goals.
Estate Administration
In addition to estate planning, our attorneys can guide executors and trustees through the process of administering the estate, including filing the necessary paperwork, paying debts and taxes, and distributing assets to beneficiaries.
Wills & Trusts
Wills and trusts are essential estate planning tools. A will can help ensure your wishes are carried out in the event of your death, while trusts can reduce the complexity and stress of dealing with courts and conflicts during asset distribution. We help our clients create legally binding documents that accurately reflect your intentions and provide peace of mind for you and your loved ones.
Probate
Navigating the probate process can be stressful and overwhelming—particularly after you’ve lost a loved one. Our probate services are designed to make things easier. Your estate planning attorney will guide you through each step with compassion and efficiency, ensuring that your loved one's estate is settled smoothly and in accordance with the law.
Power of Attorney & Healthcare Directives
A designated power of attorney can make important financial and medical decisions on your behalf if you are unable to do so. Our estate planning attorneys in San Antonio can help you establish a power of attorney that grants specific authority to the person of your choosing, ensuring that your affairs are handled according to your wishes. We can also assist you in creating advance directives, which can outline your preferences in the event you are incapacitated and/or for end-of-life care.
Special Needs
Worrying about a loved one with special needs can keep anyone up at night. Get peace of mind with our careful consideration and specialized expertise. Our attorneys are experienced in creating comprehensive estate plans that protect the financial security and well-being of individuals with special needs while also preserving eligibility for government benefits and support services.
What do estate planning lawyers do?
In a nutshell, estate planning lawyers help individuals and families prepare for the future by creating legally binding documents that outline their wishes regarding their assets, healthcare decisions and the distribution of their estate upon their passing.
Think of our estate planning services as a comprehensive and customized way to protect your assets—and your loved ones—in the event of your passing or if you become incapacitated. By seeking the guidance of an experienced estate planning lawyer, you can gain peace of mind knowing that your affairs are in order and your loved ones are provided for according to your wishes.
What is the estate planning process?
Like your life, each estate planning package is completely unique to the individual. That’s why our thorough estate planning process leaves no stone unturned.
1. Free estate planning consultation
Thinking about estate planning? You have nothing to lose with a free discovery call with our experts. We’ll help you understand the process and answer any questions you might have. After getting to know you, we can recommend a bespoke package of services that meets your needs.
2. Legacy Planning Sessions
If you decide to move forward with our estate planning services, we’ll continue discussions to get to know the details of your estate planning wishes and collaborate on a strategy that keeps you and your family protected.
3. Documentation
The final step of the estate planning process is to provide you with all the necessary, legally binding documentation covering every aspect of your estate (wills, trusts, power of attorney, healthcare directives, etc.).
4. Ongoing guidance
Our estate planning services don’t end after things are signed, sealed, and delivered. We offer our FamilyCare Program to guide you through estate administration, estate plan changes, and more.
San Antonio Estate Planning Consultation
Need help with estate planning? Contact us today for a free discovery call.
Family law lawyers
At Morales Padia Law, we recognize that family legal matters require not only legal expertise but also a compassionate and understanding approach. Our team of dedicated family lawyers in San Antonio is here to guide you through the complexities of family-related legal issues with care and proficiency.
Our family law services in San Antonio
Divorce
Navigating the complexities of divorce and separation can be emotionally challenging. Our family lawyers in San Antonio provide support and legal expertise to help you navigate the process and get the outcome you want and deserve.
Child custody and visitation
Our staff have extensive experience in family law issues involving child custody, and ensuring the well-being of your children is our top priority. We work diligently to achieve fair and favorable custody and visitation arrangements.
Child and spousal support
Whether you are seeking support or facing a support claim, our attorneys have the experience to navigate the intricacies of child and spousal support matters. From mediation to court proceedings, we’ll fight for you and your children’s best interests.
Property division
Our family lawyers have a thorough understanding of the nuances of legal matters related to property. Whether as a result of divorce or other family circumstances, our team will help you achieve equitable property division, considering the unique elements of your case.
Adoption and conservatorship
Building a family through adoption or establishing conservatorship can involve complex legal processes, and you won’t want to leave anything to chance. Our family law attorneys will guide you through these processes, ensuring a smooth and legally sound experience.
Child protective services
We understand the stress and fear that can come from CPS involvement in family matters. We’ll be your confident guide—helping you navigate even the most complex cases.
Modifications to an existing order
Previous court orders, custody agreements, or child and spousal support arrangements are not set in stone. Our family attorneys in San Antonio can help you make modifications that better suit your current circumstances and needs.
Enforcement of an order
Court orders don’t always constitute adherence. If you’re having trouble with spousal support, custody agreements, or other court-ordered family matters, we can help you get justice.
Why do I need to hire a lawyer for family law?
Family lawyers are a crucial element of success in contentious—and even cordial—family situations. From divorces to adoptions, our San Antonio attorneys are here to provide guidance, advocacy, skilled negotiation, and expert court representation.
Expert guidance
Our family lawyers provide invaluable guidance throughout the legal process, offering expert advice on the complexities of family law and helping individuals navigate through unfamiliar territory. Family law cases can be emotionally charged and legally intricate, and having a knowledgeable attorney by your side can provide much-needed clarity and direction during these challenging times.
Strong advocacy
We serve as a dedicated advocate for our clients, ensuring that their rights and interests are protected throughout the legal proceedings. Whether it's negotiating a fair settlement, advocating for parental rights in child custody disputes, or representing clients in court hearings, our skilled family lawyers work tirelessly to achieve the best possible outcome.
Skilled negotiation
Family law matters often involve sensitive issues and complex legal matters that require delicate negotiation skills to resolve amicably and favorably. Our team has the expertise and experience to negotiate good terms on behalf of our clients, whether it's dividing marital assets in a divorce or establishing a parenting plan in a child custody case.
Experienced court representation
When family law cases escalate to litigation, our experienced attorneys are ready. In contentious disputes such as divorce trials or contested child custody hearings, having a seasoned family lawyer who is well-versed in courtroom procedures and advocacy can make all the difference.
Family law FAQs
What is family law, and what types of cases does it cover?
Family law encompasses legal matters that pertain to familial relationships and domestic issues. This includes divorce, child custody and visitation, child support, adoption, paternity, spousal support (alimony), domestic violence restraining orders, and more.
What are the grounds for divorce, and do I need to prove fault?
In Texas, there are both fault-based and no-fault grounds for divorce. The grounds for divorce in Texas include:
- Insupportability (a no-fault grounds for divorce, essentially irreconcilable differences)
- Cruelty
- Adultery
- Felony conviction
- Abandonment
- Living apart (for at least three years)
For more information on each type of grounds for divorce, contact us for a case evaluation.
How is property divided in a divorce in Texas?
Property division in divorce varies depending on state laws and whether the state follows equitable distribution or community property principles. Equitable distribution states divide marital property fairly but not necessarily equally, considering factors such as each spouse's financial contribution, earning capacity, and the length of the marriage. Texas however, is a community property state, meaning marital assets are divided equally between spouses.
What factors are considered in child custody cases?
Child custody decisions are based on the best interests of the child. Factors considered may include the child's age, health, and emotional needs; each parent's ability to provide for the child's physical and emotional well-being; the child's relationship with each parent; and any history of domestic violence or substance abuse.
How is child support calculated in Texas?
Child support calculations take into account a variety of factors including income and medical expenses. Use our child support calculator below to learn more.
How much does a San Antonio family lawyer cost?
There is no easy answer to this question because it will depend on the case and the length of time it will take to resolve. This is why it’s important to work with a lawyer who you trust to be transparent and keep you in the loop on what to expect. Also keep in mind that clients often see a significant return on their investment in a family law attorney, thanks to money gained or saved during divorce, child support, or spousal support cases.
Child Support Calculator
San Antonio Family Lawyer Consultation
Need help with a family law case? Contact us today for a free case review!
At Morales Padia Law, we understand the complexities and challenges individuals face when involved in criminal legal matters. Our dedicated team of experienced professionals is here to provide unwavering support, strategic guidance, and vigorous representation throughout every stage of your case.
Our Services Include
DWI Defense
We advocate for individuals charged with driving while intoxicated, ensuring their rights are protected and exploring every avenue to secure the best possible outcome.
Drug Offenses
Whether you are facing charges related to possession, distribution, or manufacturing, our attorneys have the knowledge and experience to build a strong defense.
Domestic Violence
In cases involving domestic violence we work tirelessly to defend our clients, crafting a robust defense strategy tailored to the specifics of each case.
Contact us for a case evaluation.
If you or a loved one is facing criminal charges, don’t face it alone. Contact Morales Padia Law for a confidential evaluation of your case. Our commitment to justice and our clients sets us apart, and we are ready to fight for you.
