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Divorce changes lives and that is scary. Whether you have children to care for or are concerned with the financial uncertainty of post-divorce life, we are here to answer your questions so that you do what is best for you and your family. It is our goal to come up with solutions and not endless legal battles to ensure that you have a secure and stable future.
A person in Texas can seek a divorce on fault grounds (like adultery, abuse, abandonment) or no fault grounds at all. It is our goal to resolve your divorce as quickly and inexpensively as possible without sacrificing anything you are entitled to or giving in on your rights. If you find yourself facing the prospect of a divorce and you would like to know your options, call Garcia | Estorga today for a confidential consultation.
When a married couple mutually agrees that it is time to call it quits, the divorce process becomes simplified. For those that are lucky enough to remain on good terms through the divorce, Garcia | Estorga can assist you in completing the necessary paperwork to make the divorce official in a cost-effective and efficient manner. We can work out the issues with informal settlement conferences or mediation. G|E will work amicably with you and your spouse to ensure a smooth and inexpensive divorce process.
If you think that an uncontested divorce is right for you, we can help. Contact Garcia | Estorga today for a consultation.
Complex Asset Division
In a divorce one of the most important issues is dividing all of the property, assets, and debts that a married couple has accumulated over the years. These assets may include stock options, bonds, mineral rights, family businesses, retirement plans, and pensions. Some of these assets can be hard to valuate, causing conflict between the parties. We can help with business valuations, appraisers, and experts who can determine the value of these complex assets.
Under the Family Code, assets accumulated during a marriage is to be divided in a “just and right manner.” In practice, this often ends up being a fifty-fifty split, but judges are not required to split the property equally. In fact, judges may take into account a number of factors in determining what a “just and right” division should be in a particular case. Some of those factors are:
- fault in the breakup of the marriage;
- disparity in earnings capacity and the spouses’ ability to provide for themselves;
- the relative education of the spouses as related to future employability;
- community debts and liabilities;
- the relative spousal earning power, opportunities in business, and their capacities and abilities;
- the nature of the property involved in the property division; and
- whether there has been a wasting of community assets by a spouse.
If a lot of these factors break in the direction of one party over another, the division of assets can be unequal. Every case is unique. To see how this applies to your life, call Garcia | Estorga to set up a consultation today.
Divorce With Children
When the marriage ends and there are children involved, Texas law requires that the divorce court determine child custody as well. This adds an extra level of complexity to an already difficult case.
This means that the divorce case must solve issues like who will make the decisions for the children, where will they live primarily, how much visitation will each parent have, how much child support should be ordered, and who will pay the child’s health insurance. Our aim will be to reach a custody agreement instead of endless court battles, leaving the decision up to a judge.
Protecting the best interests of your children is your number one priority, so it is ours too. We understand the complexities of a divorce that includes children and have the tools to navigate the complex legal landscape of such a case. If you would like to discuss the options for your children in the case of a divorce, call Garcia | Estorga today.
In Downtown San Antonio
Contact Garcia | Estorga Today
Garcia | Estorga, PLLC
310 S St Mary's St #865
San Antonio, TX 78205