San Antonio Divorce Lawyer
Serving Bexar County Families With Integrity Since 1983
Since 1983, Wilson Law has represented San Antonio families through every form of divorce. With over 40 years of experience in Bexar County courts, we understand what’s at stake: your finances, your property, your children, and your long-term stability. Eric D. Wilson, a San Antonio native and the firm’s family law practice lead, holds a Martindale-Hubbell Preeminent rating and brings that depth of local knowledge to every case. Our firm also holds an AVVO 10.0 Top Attorney rating, Lead Counsel Verified status, Fellow of the Texas Bar College designation, and the Martindale-Hubbell Client Champion Gold 2022 distinction.
No two divorces are alike. Marital assets vary. Children may or may not be involved. The willingness of both parties to cooperate shapes the path entirely. Our family law attorneys provide a comprehensive range of dissolution services tailored to each family’s circumstances. Our practice also spans estate planning and business law, so clients whose divorces involve estate or business interests can work with one coordinated team rather than juggling multiple firms.
We handle the full range of divorce matters: uncontested divorce, contested divorce, collaborative divorce, mediation, high-net-worth divorce, divorce involving a business, military divorce, and spousal support.
Call our San Antonio divorce attorneys at (210) 405-4919 or contact us online to schedule your free consultation.
How Property Is Divided in a San Antonio Divorce
Texas is a community property state, which means property acquired during a marriage is presumed jointly owned and subject to division. Separate property owned before marriage or received as a gift or inheritance may be excluded, but that exclusion requires proof. Bexar County courts divide property based on what is “just and right” given the circumstances of each case, not necessarily an equal split.
Determining how assets are classified is often the most contested part of the process. Accounts commingled over years of marriage require careful tracing to establish their origin. Our attorneys assist clients in that tracing work and use established valuation specialists to appraise businesses, real estate, and retirement accounts. Dividing retirement funds may require a Qualified Domestic Relations Order (QDRO), a court order directing how a retirement account is split, and carries tax implications both parties need to understand before finalizing any agreement.
Key asset division considerations in a Bexar County divorce:
- Community versus separate property: All property acquired during marriage is presumed community property and subject to division. Separate property, including gifts, inheritances, and assets acquired before marriage, may be excluded with proof.
- Tracing commingled assets: When marital and separate funds have been mixed, correctly tracing assets is complex, and the classification can significantly affect the final division.
- Valuation of high-value assets: Businesses, real estate, and retirement accounts require proper appraisal to support an informed division. Clients with significant assets may benefit from our high net worth divorce representation.
- Tax consequences: Dividing certain assets, particularly retirement funds, may carry tax implications that affect both parties’ long-term finances.
- Bexar County court practices: Texas family law statutes and local court tendencies shape the division based on equitable, not necessarily equal, distribution.
Uncontested & Collaborative Divorce in San Antonio
When both spouses agree on property division, child custody, visitation schedules, and financial support, an uncontested divorce avoids courtroom hearings, reduces costs, and keeps personal matters out of the public record. Texas still requires a 60-day waiting period under Texas Family Code §6.702 even in uncontested cases, after which a brief prove-up hearing finalizes the agreement. For couples who want an efficient resolution without giving up their legal protections, this path is worth considering early.
Collaborative divorce is a distinct process in which both spouses and their attorneys commit in writing to resolve all issues outside of court. Neutral financial advisors or child specialists can be brought in to address specific concerns, and a defining feature is the shared commitment to full financial disclosure, which builds trust and can produce agreements that hold over time. Our attorneys are trained in Collaborative Law, and we also offer mediation services for lower-conflict resolution. Bexar County courts frequently encourage mediation before a contested hearing is set. Couples who choose it voluntarily often reach resolution faster and at lower cost than those who wait for a court referral.
Common Mistakes to Avoid During Divorce Proceedings
Divorce is overwhelming, and missteps can affect your case in lasting ways. Incomplete financial disclosures, missed deadlines, and emotion-driven decisions can each undermine your position with the court. Working with a divorce attorney who knows the Texas Family Code and Bexar County’s procedural requirements can help protect your financial interests and parental rights throughout the process.
Serious mistakes to avoid in San Antonio divorce proceedings:
- Failing to fully disclose assets: Incomplete or inaccurate disclosure can lead to court sanctions or jeopardize your settlement.
- Missing court deadlines: Bexar County has specific forms, deadlines, and procedural steps; errors or missed timelines can cause delays or adverse rulings.
- Letting emotions drive decisions: Rushed agreements made under emotional pressure often don’t serve long-term interests.
- Negotiating without legal counsel: Going it alone risks overlooking protections the Texas Family Code provides, protections an attorney may know to assert.
- Ignoring the impact on children: Failing to prioritize your children’s well-being creates added conflict and longer adjustment problems down the road.
Transparency, thorough documentation, and clear communication guided by informed legal counsel set the foundation for a more informed process.
Have Questions?
We Have Answers!
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Will I have to pay alimony? Do Texas courts award alimony?
Long-term alimony is very unusual in Texas.
However, temporary or permanent spousal support will be decided on a case-by-case basis. The court will consider several factors, including the length of the marriage, both spouses’ jobs or job skills, health concerns, and other considerations.
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How long will it take to get my divorce finalized?There are too many factors to consider to give a definitive answer to this question. The simple answer is this: Texas requires a 60-day waiting period from when the papers are filed before a divorce can be finalized. However, complicated matters and disagreements will prolong the process.
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Does it matter who files for divorce?If the court is necessary, the party who files the divorce papers presents their case first. However, it doesn’t matter who files the documents with the county clerk in most cases.
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Can the court require my spouse to pay for the attorney fees?
Typically, each person will pay their own attorney. However, the court may sometimes allow one party to use the community property to pay these fees.
The court may also equalize the fees between attorneys on both sides so that your spouse can draw out community funds to pay their attorney.
Child Custody & Support During a Divorce
Divorce cases frequently give rise to child support and custody proceedings that run alongside the dissolution itself. Regardless of the circumstances, these issues are never easy for any family.
Texas courts use the term “conservatorship” to describe custody arrangements. Joint managing conservatorship is the default presumption under Texas law, though it can be rebutted. Under Texas Family Code §153.131, a finding of family violence removes that presumption, and courts may also depart from it when the arrangement wouldn’t serve the child’s best interests. All conservatorship and visitation decisions weigh each parent’s ability to meet the child’s physical and emotional needs and the stability of each home environment. When a child is at least 12 years old, the court may consider that child’s stated preference, though the judge retains final discretion. Bexar County parents are also typically required to complete court-approved parenting classes before any family law case involving children is finalized.
Child custody and support matters are emotionally exhausting and legally complex. Consulting with an attorney can help parents advocate more effectively for their children throughout the process.
Wilson Law is a San Antonio child custody and child support law firm with more than 40 years of experience representing families in Bexar County courts.
We offer a free consultation so you can discuss your situation with an experienced family law attorney and understand your options and next steps.
Our approach starts with a thorough assessment of each client’s circumstances and goals for their children. We focus on solutions that respect the family’s needs and support the children involved. Where appropriate, we use mediation and negotiation to reduce conflict and encourage cooperative parenting plans.
Call our San Antonio divorce attorneys at (210) 405-4919 or contact us online to discuss your options.
Why San Antonio Families Choose Wilson Law for Divorce
Our founding principle is straightforward: we treat every client’s legal matter as we would our own. With emotions running high and so much at stake, clients benefit from attorneys who listen fully before recommending a path forward, communicate consistently throughout the process, and build strategy around each family’s specific circumstances. Because our practice also covers estate planning and business law, clients whose divorces intersect with estate or business interests work with one team that understands the full picture rather than coordinating between separate firms.
Our firm grows entirely through referrals, which reflects the personal attention we bring to every case. We represent clients across all aspects of family law dissolution: military divorce, contested divorce, uncontested divorce, mediation, spousal support, and child custody.
What Makes Military Divorce Different
San Antonio’s significant military community, anchored by Joint Base San Antonio, makes military divorce one of the more common family law matters handled in Bexar County courts. Military divorce sits at the intersection of federal and state law in ways that civilian cases don’t. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as marital property and divide it in divorce proceedings. How a pension is characterized and divided can significantly affect both parties’ long-term financial picture.
Frequent relocations can complicate custody arrangements and may require modifications to parenting plans as assignments change. Additional considerations include base housing, TRICARE health benefits, and the effect of active duty status on divorce timelines. The Servicemembers Civil Relief Act (SCRA) can delay certain proceedings while a service member is deployed. At Wilson Law, we represent both service members and their spouses in military divorce proceedings, with a practical understanding of the timelines and requirements military life creates.
Filing for Divorce in Bexar County: What to Expect
To file for divorce in Bexar County, at least one spouse must have been a Texas resident for six months and a Bexar County resident for at least 90 days, as required under Texas Family Code §6.301. The Original Petition for Divorce is filed with the Bexar County District Clerk’s office in downtown San Antonio. From that filing date, Texas requires a mandatory 60-day waiting period under Texas Family Code §6.702 before any divorce can be finalized.
What happens after filing depends heavily on whether the case is contested. Uncontested divorces typically resolve within a few months after the waiting period. Contested cases can take a year or longer depending on asset complexity, custody disputes, and Bexar County court docket schedules. While a case is pending, the court can issue temporary orders covering finances, conservatorship, and residence, providing structure during what can otherwise be an uncertain period. Texas doesn’t recognize legal separation, but these temporary orders serve a similar practical function.
One spouse doesn’t need the other’s consent to file. If the respondent doesn’t participate after being served, the case can proceed and may result in a default judgment.
Frequently Asked Questions
What Are the Residency Requirements for Filing for Divorce in Bexar County?
At least one spouse must have been a Texas resident for six months and a Bexar County resident for at least 90 days before filing the Original Petition for Divorce, as required under Texas Family Code §6.301. Filing in the wrong jurisdiction can result in delays or dismissal. We can confirm your eligibility during a free consultation.
How Does Mediation Work in a Texas Divorce?
Mediation is a voluntary, confidential process in which a neutral third-party mediator helps divorcing spouses work through disputed issues. It’s less adversarial than courtroom litigation, reduces the financial and emotional toll of divorce, and gives both parties more control over the outcome than a judge’s ruling would. Bexar County courts frequently encourage or require mediation before a contested hearing is set, and couples who choose it voluntarily often reach resolution faster.
Does Texas Allow No-Fault Divorce?
Yes. Texas allows no-fault divorce on the ground of insupportability, which is the most commonly cited ground. The state also recognizes fault-based grounds including adultery, cruelty, abandonment, and felony conviction, as well as living apart for three or more years and confinement in a mental hospital. One spouse doesn’t need the other’s consent to file; if the respondent doesn’t participate, the case can proceed and may result in a default judgment. Texas doesn’t recognize legal separation, but temporary orders covering finances, conservatorship, and residence can be granted while a divorce is pending.
How Does Divorce Work When Children Are Involved?
Divorces involving children require careful attention to conservatorship arrangements, visitation schedules, and child support. Texas courts prioritize the best interests of the child in all custody decisions, weighing each parent’s involvement, parenting ability, and the stability of each home. If a child is at least 12 years old, the court may consider that child’s preference. Working with a knowledgeable family law attorney can help you pursue agreements that are fair and structured to minimize disruption to your children’s lives.
Ready to take the next step? Call our San Antonio divorce attorneys at (210) 405-4919 or reach out online to schedule your free consultation today.
