A 10-Step Guide to Divorce in San Antonio who need help
Divorce is rarely a simple decision. It’s a process that typically unfolds over time, involving legal requirements, decisions about finances and parenting, and other deeply personal choices.
Given its unique requirements, timelines, and terminology, understanding Texas law makes getting local guidance especially important. Here, the San Antonio divorce lawyers at Melone Hatley, P.C. walk you through the process, from filing the initial paperwork to finalizing your decree, highlighting important considerations under Texas law.
Step 1: Meet Texas Residency Requirements
Before a divorce can be filed, Texas law requires that residency thresholds be met. To file for divorce in San Antonio, at least one spouse must have:
- Lived in Texas for at least six months, and
- Resided in Bexar County for at least 90 days
If these requirements are not met, the court lacks legal jurisdiction, and the case cannot proceed. This is one of the first legal checkpoints to address before filing.
Step 2: Determine the Type of Divorce and Legal Grounds
Before filing, it’s important to understand what type of divorce you are pursuing and the legal grounds on which it will be filed. These choices shape nearly every aspect of your case. Understanding these distinctions early allows you to move forward intentionally and avoid unnecessary conflict or delay.
Contested vs Uncontested Divorce
An uncontested divorce occurs when both spouses are able to reach agreement on all major issues, including division of property, child conservatorship (custody) and possession (visitation), child support, and spousal maintenance, if applicable. Uncontested divorces are usually more straightforward, less expensive, and less contentious and emotionally taxing.
A contested divorce arises when spouses disagree on one or more of these issues. While more complex, contested divorces may be necessary when cooperation is not possible or when children, safety concerns, or significant assets are at stake.
Importantly, a divorce may begin contested and ultimately settle, and an initially cooperative case may become more complex or contentious if circumstances change.
No-Fault and Fault-Based Grounds in Texas
In Texas, divorces can be filed on either no-fault or fault-based grounds, and the choice can have strategic implications.
Most divorces in Texas are filed on the no-fault ground of insupportability, meaning the marriage can no longer continue due to conflict or discord. A no-fault approach avoids assigning blame, simplifies the legal process, and often reduces conflict and cost.
In some cases, however, alleging fault may be appropriate. Texas recognizes fault-based grounds such as:
- Cruelty
- Adultery
- Felony conviction
- Abandonment
- Felony conviction
- Living apart for more than 3 years
- Confinement to a mental hospital
Fault allegations may influence how property is divided and, in limited circumstances, spousal maintenance. However, they also require proof and can increase the length, cost, and emotional intensity of the case.
Step 3: Consider Timing and Implications
The decision of when to file for divorce is also important. In Texas, the moment a divorce petition is filed, legal protections begin, timelines are triggered, and the court has authority to issue orders affecting your family and finances.
For many, filing provides important structure and boundaries during an emotionally uncertain time.
Jurisdiction over children – When children are involved, timing can directly affect which court has the authority to make custody decisions. Filing first can help establish jurisdiction in Bexar County, particularly when parents live in different counties or states, or when relocation is a concern.
Financial protections and standing orders – Once a divorce is filed, many courts issue standing orders that immediately restrict certain financial behavior, such as selling property, draining accounts, canceling insurance, or incurring unreasonable debt. Filing can serve as a safeguard, preserving the marital estate and preventing financial misconduct while the divorce is pending.
Temporary custody or support requests – Filing early can allow a spouse to request temporary orders that address where the children will live, how possession will work, and whether temporary child support or spousal maintenance is necessary. During a pending divorce, temporary orders can provide stability while longer-term decisions are being negotiated or litigated.
Preservation of marital assets – Delaying the filing of a divorce may increase the risk that assets will be hidden, transferred, or diminished before the court becomes involved. This can be especially important in cases involving high-value assets or businesses.
Step 4: File the Original Petition for Divorce
The divorce process in San Antonio formally begins when one spouse files an Original Petition for Divorce with the appropriate court in Bexar County. This establishes the court’s authority over the case and sets the legal process in motion.
Filing the petition has several significant effects. It:
- Officially opens the divorce case
- Establishes the filing date for legal timelines, including the mandatory waiting period
- Allows the court to issue temporary orders if needed
- Triggers disclosure obligations and procedural rules
- Signals to both parties that the matter is now governed by court oversight
The filing of the Original Petition for Divorce plays a critical role in shaping the rest of the case, depending on the language used, the grounds selected, and the timing of the filing.
Step 5: Provide Legal Notice to the Other Spouse
Once the Original Petition for Divorce is filed, Texas law requires that the other spouse receive formal legal notice of the case. This ensures fairness and allows both parties to participate in the divorce proceedings.
In most cases, formal legal notice is accomplished by
- Formal service of process, where a constable or authorized process server delivers the divorce papers to the other spouse, or
- Waiver of service, where the receiving spouse acknowledges the filing in writing and agrees not to require formal service.
The method often depends on the level of cooperation between spouses and the circumstances surrounding the divorce. Providing legal notice protects each spouse’s right to be heard and marks the transition from filing to active participation in the legal process.
Step 6: Address Immediate Needs Through Temporary Orders
Divorce doesn’t pause day-to-day responsibilities, and many families need structure while the case is pending. Temporary orders allow the court to create short-term rules that govern daily life while the case is pending. These orders can address child conservatorship and possession schedules, financial support, use of the marital home, and responsibility for ongoing household expenses.
While temporary orders are not permanent, they provide much-needed stability during the transitional period and often set the tone for how the case progresses. They help reduce uncertainty, protect children’s needs, and establish financial expectations until final decisions are made.
Step 7: Exchange Information and Financial Disclosures
Texas divorce law requires transparency so that decisions are made based on accurate and complete information. This step involves exchanging financial documents and other relevant information related to income, assets, debts, and expenses.
The disclosure process allows both spouses to understand the full scope of the marital estate and supports fair negotiations. In cases involving complex finances, this step often takes additional time but plays a critical role in achieving a balanced and durable resolution.
Step 8: Discovery
After financial disclosures are exchanged, further information may be required to fully understand the financial and factual issues of the divorce.
Depending on the complexity of the case, discovery may involve:
- Written questions or requests for further documents
- Requests for clarification regarding assets, debts, or income
- Appraisals or valuations of property
- Additional financial records related to businesses, investments, or retirement accounts.
Discovery ensures that both spouses can verify the accuracy of the financial disclosures, identify community and separate property, evaluate support needs and obligations, and prepare for meaningful negotiations or mediation. In contested divorces, discovery helps ensure that the court has reliable information if decisions must ultimately be made by the court.
Step 9: Negotiation or Mediation
Many divorces in San Antonio are resolved through negotiation rather than litigation. At the negotiation stage, spouses – with the help of their attorneys – work toward resolving the remaining issues, including property division, conservatorship, possession schedules, child support, and spousal maintenance.
In the event a settlement cannot be negotiated, in Bexar County, most contested divorces are ordered into mediation before a final trial is scheduled. During mediation, the goal is to encourage a settlement, when possible, narrow the issues if a full settlement cannot be reached, or reduce the need for court intervention. Even when mediation is ordered, either party may still proceed to trial if mediation does not result in a resolution.
10. The Final Hearing and Legal Conclusion
The divorce is finalized when the judge signs the Final Decree of Divorce, typically after a brief final hearing. In uncontested cases, the hearing is usually straightforward. In contested cases, unresolved issues may have been addressed through trial before finalization.
Once the decree is signed, the divorce is legally complete, and the terms become enforceable. This step marks the official conclusion of the legal process and the end of the marriage.
Preparing for Life Beyond Divorce
No matter how amicable, a divorce is never a simple event. It is a legal transition that affects every aspect of your life. Understanding the basic steps involved in a San Antonio divorce can help reduce the uncertainty and overwhelm, allowing you to approach the process more confidently.
With the right guidance, divorce can be a well-structured process that leads to a more stable foundation for your future. Thoughtful and strategic planning at each stage helps protect your interests while supporting long-term goals for your family, finances, and future.
If you are considering divorce or have questions about your legal options, the San Antonio family law attorneys at Melone Hatley, P.C. are here to help. Our legal team offers experienced, compassionate representation tailored to your unique circumstances. Call us at 210-688-8550 or contact us online to schedule a free consultation with one of our Client Services Coordinators. Take the next step toward stability and a more secure future.
