It is okay to experience intense emotional distress when dealing with your divorce. Even if you and your spouse don’t have complex issues, a legal process still needs attention. Before you start with the paperwork in San Antonio, you must see an attorney. Your divorce can alter your life forever, and you would want the best possible outcome, for which legal advice and support are indispensable. Contact the Law Office of David J. Rodriguez, PLLC, for a consultation today. For your help, here is a strategic guide.

Grounds for divorce & residency requirements

You must fulfill essential residency requirements to file for divorce in San Antonio or anywhere in Texas. You should live in the state for a minimum of six months and be a resident of the county where the papers are being filed. Texas allows for fault-based divorces on diverse grounds, such as adultery, cruelty, conviction because of a felony, and abandonment. You can also seek a divorce because you have been living separately from your spouse for more than three years without cohabitation. If you want to file for a no-fault divorce in Texas, you can state that the marriage is no longer working and there is no reasonable hope for reconciliation.

Contested vs. uncontested divorces

People often assume that a divorce has to be nasty and bitter, which is a myth. If you and your spouse decide to file for divorce and manage to sort major issues through an agreement, you will have an uncontested divorce. Such matters include how assets and debts are divided, whether one party will get alimony or maintenance, and the parenting plan for kids. The court will then review the uncontested divorce agreement, mainly to check whether the state guidelines for child support have been met. A contested divorce is like any other civil lawsuit, where the parties present their sides and evidence, and the judge decides on the conflicts.

The choice of mediation

You can request mediation if you want to resolve things amicably and avoid losing control over the outcome. For mediation to work, both parties should willingly agree to it. The process involves a third party, the mediator, who remains neutral and facilitates communication between spouses. Remember, there is no pressure during the mediation. The mediator cannot force or dominate the parties.

Time for getting a divorce in Texas

If yours is a contested divorce, it can take months or even years to finalize the process, depending on how effectively and swiftly the disputes are resolved. You must wait at least 60 days after filing papers in an uncontested divorce. Other factors may delay getting the decree

Should you hire a divorce lawyer in San Antonio?

The short answer is yes. Even when things are not horrible with your spouse, you need an attorney to ensure the legal work is done right. Divorce is not a random DIY job for which you can rely on online resources alone. Also, when considering a collaborative divorce or mediation, you must ensure someone will protect your side and negotiate for you.

Take the first step

Whether you have made up your mind or have been served divorce papers by your spouse, consider checking with a family lawyer in San Antonio soon. They can ensure you understand the critical aspects and avoid mistakes that can prolong the process. Also, having an attorney ensures you don’t make decisions about issues of emotion or stress.