Those who come to see us here at The Law Office of Roland R. Esparza, P.C. as they prepare for their divorces in San Antonio often have their minds preoccupied with traditional divorce-related matters such as child support, alimony and property division. If this describes your current scenario, then your preoccupation is understandable. It is important to remember, however, to not overlook one other important aspect of your life that will most certainly be affected by your pending divorce: your life insurance. The Insurance Information Institute reports that 60 percent of all Americans are covered under some form of life insurance plan. Yet many forget to address this topic during their divorces.
When married couples in San Antonio choose to separate, one of the first issues that may become a point of contention is the division of their property. Both sides involved in a property division dispute may feel as though their reasons for wanting a particular asset or piece of property are just, and thus something to fight for. That reasoning may be due to any number of factors ranging from potential resale value to the amount of time and effort put into securing and/or managing it. In some cases, it may even come down to a matter of emotional significance.
Domestic abuse may be among the chief reasons why couples in San Antonio may choose to get a divorce. At the same time, some may cite that as the reason why they choose not to. Their fears may be that the abuse they have suffered will continue even after the dissolution of their marriages, particularly if they are forced to continue to interact with their abusers to raise their children. In either case, victims of spousal abuse (as well as accused abusers) should understand the implications that such actions may have on divorce proceedings.
Many of the clients that come to see us here at The Law Office of Roland R. Esparza, P.C. after having decided to divorce their spouses in San Antonio often believe that an automatic benefit that comes with such a decision is alimony. If you have the same assumption, you should know that alimony is not something you are simply entitled to following your divorce, but rather a benefit that may be given only after the court considers several factors.
Many may have the idea that San Antonio couples do not need a reason to end their marriages. The truth, however, is that if you are seeking a divorce, Texas law requires that you have a valid reason for doing so. Almost all states have well-defined scenarios that constitute valid grounds for divorce. The one that you cite as the reason for ending your marriage will determine of yours will be considered an at-fault or no-fault divorce.
Divorcing couples in San Antonio may disagree about several elements regarding their proceedings. Yet if one were asked to name what he or she would expect those to most commonly be, jurisdiction may not be high on the list. However, where a divorce case is heard may have a dramatic impact on its final outcome. That is because the laws between states often differ, and one side in a divorce may believe that his or her chances at securing a favorable ruling are better in a certain jurisdiction.
Children in San Antonio have been shown to benefit from having both the influence of a father and mother in their lives. Yet with the U.S. Census Bureau reporting that over 26 percent of children in the U.S. live in homes with only one of their parents present, filling that need for parental guidance from both sides may be difficult. Texas law encourages both parents to remain in constant contact with their children following divorce. Thus the need for a standard possession order.
When considering the issue of asset and property division in San Antonio, one term that may repeatedly come up is “marital estate.” Like most, you may think of wills, trusts and other estate planning articles when applying the word “estate” to a situation, and while those instruments can have meaning in this context, the marital estate refers specifically to the property of you and your ex-spouse. All community property owned by you and your ex-spouse is considered to be your community marital estate, while separate property owned by each of you individually makes up the separate marital estates.
If and when married couples in San Antonio happen to come into a good deal of money, those assets may likely be considered marital property if they were to later divorce. Most may marry without the thought of ever divorcing or suddenly being awarded considerable wealth. Yet if both happen, and the money earned was primarily due to the work or sacrifice of one partner in particular, then he or she may argue that his or her efforts should cause such funds to be viewed as separate property. At the same time, the other partner might just as easily claim that he or she also had a hand (whether directly or indirectly) in earning the assets as well.
There may be times when San Antonio couples going through a divorce bring with them a fair amount of emotional tension in regards to the failure of their relationship. Oftentimes, couples are recommended to try and work through their divorce proceedings in mediation. Such sessions are conducted in private without the risk of any disclosures being made public. However, there may be cases where a couple is simply unable to reach an agreement as to the terms of their separation in mediation, in which case their proceedings may move on to court. While this may ultimately be a better forum in which to resolve their grievances, they potentially run the risk of having their “dirty laundry” aired in the public eye.