San Antonio Divorce Attorneys
Experienced guidance through your South Texas divorce
Not all couples experience the stereotypical divorce battle. In fact, the dramatized depictions of divorce that you see in movies are not necessary, or the reality, for most couples. Divorce may involve conflict or disputes between the parties, but it does not have to take over your case. Each divorce can take a vastly different path.
The San Antonio divorce lawyers at Grable Grimshaw PLLC can guide you through an uncontested divorce, collaborative divorce, or divorce litigation. We adjust our approach to promote your long-term interests and the best situation for your children. We can discuss your unique circumstances and guide you toward a solution that will work for you and the rest of your family.
What Our Clients Are Saying
"The unfortunate circumstances of a divorce caused me to hire a lawyer but hiring Matt Grimshaw as my attorney opened my eyes to know there are still good people in this world. Mr. Grimshaw was transparent, humble, and compassionate. He demonstrates the compassion to serve others is in his patience and kindness. He is an expert in family law. He took the time and never made me feel rushed or left me feeling uninformed." – Rita P.
What does a divorce attorney do?
Entering into divorce, you never know how the process will unfold. You want an experienced litigator on your side in case your divorce goes to court. At Grable Grimshaw PLLC, we have extensive courtroom experience. We understand how to prepare your case to provide you with the best chances of success. We will protect your rights as we determine the following:
Our attorneys can handle all aspects of your case. This includes providing legal advice and guidance, drafting and filing legal paperwork, ensuring your divorce settlement is fair, helping you pursue child custody, and providing emotional support and a rational approach at a time when you need it most. You can also look to our firm when you need assistance with a military divorce.
What are the grounds for divorce in Texas?
Under state law, Texas has seven grounds for divorce:
- Insupportability, which is a no-fault ground for divorce. This is another way of saying “irreconcilable differences,” and either party can file a petition for divorce, regardless of fault.
- Cruelty, when one spouse is guilty of treatment that makes further living together impossible.
- Adultery, where a judge can grant a divorce when one spouse has committed adultery.
- Conviction of a felony, if during the marriage one spouse commits a felony in conjunction with a prison sentence.
- Abandonment, where the spouse can prove the other left with intent for at least one year.
- Living apart, which is another no-fault option. If spouses have lived separately for at least three years, the court can grant a divorce.
- Confinement in psychiatric facility, when a spouse is confined in a hospital for psychiatric reasons and recovery is unlikely or relapse is probable.
Do I have to be separated before filing for divorce in Texas?
Technically, there is no requirement. There are residency requirements (i.e., one spouse living in the state for at least six months and living in the county for at least 90 days), but these don’t apply to most Texans, who have lived here for years. The only time you would need to satisfy a separation requirement is if you were filing for divorce on the grounds of living apart. In that case, you would need to have lived separately for at least three years without any cohabitation during that period.
Depending on the complexity of your split – asset division, child custody issues, filing of paperwork – the length of your divorce can take anywhere from a few months to a year. Our attorneys work to make this process as short as possible.
What is an uncontested divorce?
An uncontested divorce is one in which both spouses agree on all divorce terms and there are no matters in dispute. When this happens, the divorce process is largely a matter of legal paperwork and fulfilling the 60-day waiting period. This 60-day period may be waived in cases of domestic violence.
While you can file uncontested without a family law attorney, it is still a good idea to hire one to help you with all necessary paperwork and ensure that there are no errors or omissions. An attorney can also help you review the terms of the divorce to confirm that there really are no contested issues and nothing has been overlooked.
What are the benefits to uncontested divorce?
Uncontested divorce can help you avoid a court battle. Trial can be an expensive, drawn-out and stressful undertaking. Minimizing time, stress and legal costs can ease you through the divorce process and allow you to spend more energy helping your children during this time of transition.
Additionally, if spouses can agree to most of the divorce terms, they will not have to put their futures in the hands of a stranger. A judge will try to be as fair as possible when dividing marital property. However, they might not understand your specific needs or consider each spouse’s preferences.
Uncontested divorces are not the right decision for every couple, however. If you have a history of domestic abuse in your family, or you and your spouse cannot put aside differences and work together, litigation may be a better option. The attorneys at Grable Grimshaw can help guide and advocate for you.
What is collaborative law?
Another alternative to litigation is collaborative divorce, which allows divorcing couples to work together rather than against each other to arrive at a settlement agreement. This can minimize acrimony and streamline the divorce process. However, this only works if you and your spouse are able to work together toward a common goal.
You may also consider divorce mediation or arbitration. During both of these processes, an outside party is brought in to help you and your spouse think through each aspect of the divorce and find a solution outside of court. This can save you both time and money. Our legal team can help you with both.
What is the difference between mediation and collaborative divorce?
Mediation is facilitated by a neutral third party who works with the couple to reach agreement on their disputed issues. Collaborative divorce, on the other hand, is a direct negotiation between spouses and their respective attorneys. Mediation also tends to be completed in one long session, which works for some (but not all) couples. Conversely, collaborative divorce can be broken up over several sessions and may include input from outside parties, such as financial professionals and parenting coordinators.
Both collaborative divorce and mediation are likely to be less expensive than traditional litigation. They are also likely to be significantly faster and less contentious.
Do I need a San Antonio divorce attorney?
Although you never technically need an attorney, you should strongly consider it, especially if you have assets you need to protect. Many people consider how much money they could save by filing without a lawyer, but few stop to consider how much money they could lose due to an incomplete or unfair divorce settlement.
Trusted divorce lawyers serving San Antonio
At Grable Grimshaw PLLC, we want to make divorce as simple as possible for you. Talk to our experienced family law attorneys today for answers to all of your questions about the divorce process. We can help you identify your goals for the future and protect your and your children’s rights. To set up a consultation with one of our South Texas attorneys, call 210-963-5297 or fill out our contact form.