Law Office of Roland R. Esparza, P.C.

Call Toll Free888.447.9456

Local Calls210.807.8158

Hablamos Español

Our first priority is our client’s health and safety. Due to COVID-19 our office is taking precautions to keep our clients and their families safe. We have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation or video conference (FaceTime or Zoom) is appropriate for you. Thank you.
View Our Practice Areas
  1. Avvo - Rate your Lawyer. Get Free Legal Advice.
    Top 100 Trial Lawyer
    Scene best sa lawyers 2018
  2. Top-40-40
    Scene best sa lawyers 2019
  3. avvo-2016
  4. 2020-10-BEST-CLA.png
  • Avvo - Rate your Lawyer. Get Free Legal Advice.
  • avvo-10.0
  • avvo-review
  • Top 100 Trial Lawyer
  • Top-40-40
  • Scene best sa lawyers 2018
  • Scene best sa lawyers 2019
  • avvo-2014
  • avvo-2015
  • avvo-2016
  • avvo-2019
  • avvo-2020
  • best-of-best

Divorce Archives

What are grounds for divorce in Texas?

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.

Jurisdiction dispute at the heart of couple’s divorce case

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.

Detailing Texas’ standard possession order guidelines

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.

What is a marital estate?

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.

Man arguing to exclude $20 million settlement from divorce

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.

Divorce saga between Johnny Depp and Amber Heard ends quietly

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.

What is a qualified domestic relations order?

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.

Former Jackson 5 member headed for divorce

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.

Former baseball star and wife end their 29-year marriage

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.

Understanding annulment in Texas

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.