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.
One of the assets most often overlooked by divorcing couples in San Antonio is retirement benefits. If your spouse has a retirement account, he or she may feel since such a benefit was provided by means of his or her employment, it is not considered to be community property. However, any benefits accrued by that plan during the time that you were married are indeed deemed to be marital property and thus subject to property division. In such cases, the court will issue a domestic relations order mandating your receipt of your portion of your ex-spouse’s retirement benefits. Your eligibility to receive that portion may not be official, however, until the retirement plan administrator determines if that order meets the criteria of being a qualified domestic relations order.
When couples divorce in San Antonio divorce, the common school of thought may be that abuse or infidelity may have been involved. However, in many divorce cases, some couples cite irreconcilable differences as the grounds for their separation. As the name implies, irreconcilable differences are defined as one or both parties to a marriage determining that they are unable to reconcile with the each other over the differences contributing to their marital strife. Once this point is reached, both may decide it better for the marriage to be over given the potential for further discord.
Many in San Antonio likely know at least one married couple that they would classify as being immune from marital problems. However, simply because a couple is able to treat each amicably in public and does not choose to air its “dirty laundry” in front of others does not mean that it enjoys an absence of marital strife. Issues can arise in any marriage, and in many cases, they may easily be able to drive a seemingly devoted couple apart. Oftentimes, there may be not be a reason given for such a split other than a couple simply having irreconcilable differences.
For many of the San Antonio residents we work with here at The Law Office of Roland R. Esparza, P.C., getting divorced is not enough. In some cases, they may question whether the marriage was ever valid to begin with. This can be achieved through an annulment. If you are looking to challenge the validity of a marriage, you may want to learn all that you can about the annulment process so as to avoid any potential issues that may arise as it plays itself out.
Many of the San Antonio clients that come to us here at The Law Office of Roland R. Esparza, P.C. are not aware of the differences between a “fault” and a “no-fault” divorce. If you are contemplating divorce, you may think that it is simply enough that you no longer wish to be married to your spouse. Depending upon the circumstances of your separation, that very well may be. However, in some cases, whether you plan on seeking a fault or no-fault divorce may need to be stated.