Texas Divorce Attorney

A divorce can be one of the most difficult life changes to navigate. You may be facing uncertainty about child custody, child support, property division, or spousal maintenance, while also trying to protect your well-being during this difficult time.

Without proper legal guidance, small missteps can lead to significant financial or personal setbacks. Missed deadlines, incomplete paperwork, or misjudged negotiations can affect your rights and your future.

At The Law Office of Raul V. Treviño, our family law attorney helps clients throughout Texas work toward fair resolutions in uncontested, contested, collaborative, and high-asset divorce cases. With more than 20 years of experience, we provide clear legal strategies designed to safeguard what matters most to you and guide you through each step of the process.

Do I Need to Hire a Divorce Lawyer in Texas?

Texas family law does not require you to hire a divorce lawyer. You may represent yourself, called proceeding “pro se.” While this can appear cost-effective, Texas divorce law is complex. The state’s community property rules mean assets and debts acquired during the marriage are considered jointly owned, and disputes over property division, child custody, or support can quickly escalate.

Representing yourself requires meeting strict deadlines, filing correct forms, and following all courtroom procedures. Errors can delay your case or damage your outcome. If your divorce involves children, significant assets, or a large income difference between spouses, legal representation can help protect your rights. Some individuals may qualify for legal aid or fee waivers, but in most situations, attorney guidance offers stronger protection.

How Much Does a Divorce Lawyer Cost in Texas?

The cost of a divorce in Texas depends on the circumstances of your case, including the level of disagreement between spouses and the complexity of the issues involved. Court fees, attorney fees, and other expenses, such as mediation or expert witnesses, can vary significantly from one case to another.

Uncontested divorces, where spouses agree on all terms, are generally less costly than contested divorces that require extended negotiation or trial. However, even seemingly simple cases can become more involved than expected.

To understand what your divorce might cost and discuss a plan that works for your needs, contact The Law Office of Raul V. Treviño. We can review your situation, explain your options, and provide clear guidance on the next steps.

Can My Spouse Make Me Pay Their Divorce Attorney Fees?

Generally, each spouse pays their own attorney fees. However, a court may order one spouse to contribute to the other’s legal fees if there is a significant financial imbalance or misconduct.

Why Choose The Law Office of Raul V. Treviño

At The Law Office of Raul V. Treviño, we provide dedicated legal representation in divorce and family law matters, supported by more than two decades of courtroom and negotiation experience. Our family lawyer works closely with each client to understand their priorities and develop a legal strategy tailored to their goals.

In addition to family law cases, our office also represents clients in personal injury and criminal defense matters, offering a broad range of legal support under one trusted name. We are bilingual in English and Spanish and committed to serving the San Antonio community with accessible, client-focused legal services.

Testimonials

“Raul and Nyssa were exceptional during my divorce. They were always in contact with me letting me know what’s going on and what to expect. Both were extremely personable and answered any questions that I had. Highly recommend for anyone looking for a great divorce lawyer.” — Wes D.

“Raul helped me through a very unfun divorce . He was able to work on the interest of both parties so I didn’t have to try and argue with my ex wife. It was really nice knowing that whatever happened with my case, he would deal with it . The process start to finish was pretty stress free.” — Dane S.

“Raul Trevino masterfully guided me thru a very stressful divorce. He was very responsive to my many questions. The strategy that he put in place prevailed in every way. I highly recommend him!” — Juan H.

Types of Divorce Cases We Handle in Texas

Every divorce is unique, and the right approach depends on your circumstances. At The Law Office of Raul V. Treviño, we guide clients through all types of divorce under the Texas Family Code, helping protect their rights and work toward fair resolutions.

• Uncontested divorce: Both spouses agree on all major terms, such as property division, custody, and support. These cases are often resolved more quickly with minimal court involvement.
• Contested divorce: Spouses disagree on one or more issues, requiring mediation, hearings, or trial. These cases can be more time-intensive and complex.
• Fault-based divorce: Texas recognizes specific grounds under the Texas Family Code, including:
  • Cruelty
  • Adultery
  • Felony conviction
  • Abandonment
  • Living apart for at least three years
  • Confinement in a mental hospital for three years with no likelihood of recovery
• No-fault divorce (insupportability): Available when the marriage has become insupportable due to discord or personality conflicts. No proof of fault is required (§ 6.001).
• Collaborative divorce: A private process in which spouses and their attorneys work with neutral experts to reach an agreement outside of court. All parties agree not to litigate during the process.
• Military divorce: Includes special residency rules for service members and protections under the Servicemembers Civil Relief Act. Military pensions may also be divided under federal law.
• High-asset divorce: Involves complex property issues, such as business ownership, investments, and retirement accounts, often requiring in-depth financial analysis.

Whether your divorce is straightforward or involves complex disputes, The Law Office of Raul V. Treviño can help you understand your options and choose the path that best fits your needs. Contact our office today to discuss your situation and take the first step toward resolution.

Where Do I File for Divorce in Texas?

Filing for divorce in Texas requires meeting certain residency requirements under the Texas Family Code. Understanding where to file is an important first step in beginning the legal process.

To file for divorce in Texas, at least one spouse must have lived in Texas for the six months before filing and in the county for the 90 days before filing. You file in that county’s district court (often a family district court). Military service in Texas generally counts toward these residency periods.

If you are unsure whether you meet the residency requirements or have questions about where to file, The Law Office of Raul V. Treviño can review your situation and guide you through the correct filing process.

Mistakes to Avoid During a Texas Divorce

Certain actions during a divorce can harm your credibility, affect court decisions, or create long-term consequences. Knowing what to avoid can help protect your rights and keep your case on track.

• Do not hide or transfer assets. Concealing property, moving funds, or failing to disclose financial information can result in legal penalties and damage your case.
• Avoid negative or hostile social media posts. Comments, photos, or messages can be used as evidence against you in custody or property disputes.
• Do not make major financial changes. Large purchases, closing accounts, or taking on significant debt without agreement can raise concerns in court.
• Do not interfere with custody or visitation. Violating court orders or preventing your spouse from seeing the children can affect custody outcomes.
• Avoid missing deadlines or court dates. Failing to follow court rules or timelines can delay your case or result in unfavorable rulings.

At The Law Office of Raul V. Treviño, we guide clients through each stage of the divorce process and help them avoid costly mistakes that could impact their future. Contact our office for advice tailored to your specific circumstances.

Can I Date During My Texas Divorce?

Dating before your divorce is finalized can create both legal and emotional complications. While Texas law does not prohibit dating during divorce proceedings, it can have unintended consequences. If your spouse claims adultery, the case could shift from a no-fault divorce to a fault-based divorce under the Texas Family Code. This change can influence property division, spousal maintenance decisions, and even negotiations on other issues.

Even if no fault is alleged, new relationships can sometimes increase conflict, making it more difficult to reach agreements on custody, property, or spousal support. Courts may also consider how your personal life affects your children’s best interests in custody matters.

If you are considering dating while your divorce is still in progress, speak with The Law Office of Raul V. Treviño first. We can explain the potential risks in your situation and help you make informed decisions that protect your rights.

Dividing Property and Debts in a Texas Divorce

Texas is a community property state, meaning most assets and debts acquired during the marriage are considered jointly owned. However, the court divides them in a way it finds “just and right,” which does not always mean a 50/50 split. Factors such as income differences, fault in the marriage, and future financial needs may influence the division.

Separate property, such as assets owned before marriage or received as a gift or inheritance, remains with the original owner. Proving separate property is the responsibility of the spouse claiming it.

The Law Office of Raul V. Treviño can help you identify community and separate property, value assets, and present your case for a fair property and asset division.

Spousal Maintenance in Texas

In Texas, alimony is called spousal maintenance. It is limited and available only in certain situations, such as when the marriage lasted at least ten years and the requesting spouse cannot meet minimum reasonable needs despite diligent efforts, when there is a history of family violence, when the requesting spouse has a disabling condition, or when they are the primary caretaker of a child with a disability that prevents self-support.

The law caps payments at the lesser of $7,500 per month or 20% of the paying spouse’s average monthly gross income. The court considers factors such as the length of the marriage, each spouse’s earning capacity, and any misconduct before awarding maintenance.

The Law Office of Raul V. Treviño can review your situation and explain whether you may qualify for spousal maintenance or be required to pay it.

What Is a Wife Entitled to in a Divorce Settlement in Texas?

A wife is entitled to a “just and right” division of community property, which includes most assets acquired during the marriage. This division is not always 50/50 and may be adjusted based on factors such as earning capacity, contributions to the marriage, and future financial needs. She may also qualify for spousal maintenance if legal requirements are met and custody or child support if children are involved. Separate property, such as assets owned before marriage or received as a gift or inheritance, remains with the original owner.

Frequently Asked Questions

How Long Does a Divorce Take in Texas?

In the state of Texas, there is a mandatory 60-day waiting period between filing for divorce and the court granting a final decree, unless certain exceptions apply, such as family violence. Uncontested divorces can sometimes be completed shortly after this period ends. Contested divorces often take several months or longer, depending on the complexity of the issues and the court’s schedule.

Is Everything Split 50/50 in a Divorce in Texas?

No. While Texas follows community property laws, the division must be “just and right,” which may not be an equal split. The court can consider factors such as fault in the marriage, financial disparities, and each spouse’s health.

Can I Get Child Support Without Filing for Divorce?

You do not have to be married or going through a divorce to request child support in Texas. A parent can file a separate Suit Affecting the Parent-Child Relationship (SAPCR) to establish child support, custody, and visitation orders.

The Law Office of Raul V. Treviño can help you file the necessary documents, represent you in court, and work to protect your rights and your child’s well-being.

Does My Spouse Have to Agree to the Divorce?

No. If legal residency and statutory requirements are met, a divorce can proceed without the other spouse’s agreement.

Are Children Included in the Divorce?

Yes. Custody, visitation, and child support decisions are part of the divorce proceedings when children are involved. The court bases these decisions on the best interests of the child.

Can I Change My Name During a Divorce?

Yes. You may request a name change in your divorce petition, and the court can include it in the final decree. If you wait until after the divorce is finalized, a separate petition is required.

Start Your Divorce Process With the Right Legal Support

Divorce in Texas can be challenging, especially when child custody, child support, property division, or spousal maintenance are involved. Whether your case is uncontested, contested, collaborative, or no-fault, having legal guidance can help protect your rights and work toward a fair outcome.

At The Law Office of Raul V. Treviño, we represent clients across Texas in all types of divorce cases. From filing your petition to finalizing your decree, we provide clear strategies and focused advocacy at each stage.

Call The Law Office of Raul V. Treviño at 210-409-8788 or use our online contact form to schedule a free consultation today.