Date of Separation
Strength Of A Giant, Heart Of A Neighbor – Your San Antonio Law Allies
Date of Separation
On Behalf of Kevin E. Sralla | August 2, 2020 | Blog
Texas does not support legal separation and is also a community property state, meaning you are married until divorced, and all property acquired during the marriage is community property. The concept of community property is null for property owned before the marriage or acquired via gift (i.e. inheritance) and is thus only owned by the individual party.
However, in other states and some situations, a date of separation is very important as this is the date that determine the intent of dissolution the marriage and is used in the court to determine each spouses’ property rights.
Depending on the state, the date of separation can be physically moving out, notifying the other spouse of the intent to divorce, or physically filing for divorce.
Once a DOS is determined, the assets acquired after that date are considered individual property.
Those who are going through a divorce should speak with a lawyer to understand their individual case.
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Frequently Asked Questions
How Much Does A Divorce Cost In San Antonio?
A divorce case can cost anywhere from $2,000.00 to $10,000.00 and up in San Antonio. This price range typically varies based on the complexity of each particular case, the extent to which the matter is contested, the aggressiveness of the family law attorneys involved, whether a jury trial is requested and many other often unpredictable factors.
Where Do I Go For A Divorce?
If you hire a family law divorce lawyer, your lawyer will file your divorce petition electronically. If you are filing your divorce without the help of a family law attorney, you can do so at the Family Law Staff Attorney’s Office at the Bexar County Courthouse, 100 Dolorosa, San Antonio, Texas 78205.
How Much Does It Cost To File For Divorce In San Antonio?
A divorce without children typically costs around $350.00, while a divorce involving children typically costs about $401.00. These costs vary from county to county.
What Is A Spouse Entitled To In A Divorce In Texas?
Either spouse is entitled to a just and right division (roughly 50%) of the community estate and, in certain extreme cases, a disproportionate share (greater than 50%) of the community estate. This includes all assets acquired during the marriage, but does not include a spouse’s separate property.
How Do I Get A Divorce With No Money?
Getting a divorce with absolutely no money is difficult but not impossible. The party seeking to file for divorce can visit the Family Law Staff Attorney’s Office at the Bexar County Courthouse to obtain a packet of information to assist in preparing and filing the paperwork for starting a divorce case. The filing fee can be waived if the filing party prepares an affidavit of indigency declaring that he or she has no money. Another alternative is to seek free legal aid or the assistance of a pro-bono lawyer.
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While our attorneys are open to conducting phone and online consultations, we feel that our warm office environment is the best place to get to know you. We look forward to meeting with you face-to-face to make sure we understand every detail of your unique situation including interpersonal skills. So, call us today for a free 20-minute initial consultation and let’s get started on your family law issue.
To learn more about what our team can do to help you, give us a call at (210) 212-5656(210) 212-5656 or use our online contact form.
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Let Sralla Family Law PLLC guide you through your divorce with the care and dedication you deserve. Contact us today at (210) 212-5656 or send us an email for an initial consultation. Our divorce attorneys in San Antonio will help you turn the page to a new chapter in your life.