The Complete Guide to Divorce in Bexar County From San Antonio Family Law Attorneys
If you are considering or facing a divorce in San Antonio, you are likely overwhelmed by questions about the process, your children, your property, and your future. The legal system can feel complex and intimidating, especially when combined with the emotional weight of ending a marriage.
This guide is designed to provide clarity. At Barton & Associates, Attorneys at Law, with deep roots in San Antonio and offices serving Bexar County and across South Texas, we believe that informed clients make better decisions. Whether your divorce is amicable or contentious, understanding the specific procedures of the Bexar County family courts is your first step toward a fresh start. We’ll walk you through the entire process, from filing to final decree, and explain how local rules and resources can impact your case.
Understanding the Bexar County Family Court System
Divorces in San Antonio are handled in the Bexar County District Courts, specifically in the family courts located at the Cadena-Reeves Justice Center at 300 Dolorosa. It’s important to know that Bexar County has multiple courts that handle family law matters, including the 45th, 57th, 73rd, 131st, 150th, 166th, 224th, 225th, 285th, 288th, 289th, 386th, 387th, 407th, and 408th Judicial District Courts.
Each court has its own presiding judge and local procedures, but all follow the Texas Family Code. The case is typically assigned to a specific court based on a random rotation at the time of filing. Having an attorney who regularly practices in these courts, like the team at Barton & Associates, means we are familiar with the preferences and procedures of each judge, which can be a significant advantage for your case.
Step 1: Meeting the Residency Requirements
Before you can file for divorce in Bexar County, you or your spouse must meet Texas residency requirements . You or your spouse must have been:
- A continuous resident of Texas for the six months preceding the filing, and
- A resident of the county where the suit is filed (in this case, Bexar County) for the preceding 90-day period.
If these requirements are not met, a Bexar County court does not have the jurisdiction to grant your divorce.
Step 2: Grounds for Divorce in Texas
Texas allows for both “no-fault” and “fault-based” divorces . The grounds you choose can impact issues like property division and, in some cases, spousal support.
No-Fault Divorce (Insupportability)
This is the most common ground for divorce in Texas. It means the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation . In simple terms, you no longer get along and see no way to fix it. Neither spouse has to prove the other did anything wrong.
Fault-Based Grounds
If one spouse’s actions led to the marriage’s breakdown, you may file on fault-based grounds, which include :
- Cruelty: One spouse has treated the other cruelly, making further living together insupportable.
- Adultery: One spouse has voluntarily engaged in sexual relations with someone outside the marriage.
- Conviction of a Felony: One spouse has been convicted of a felony and has been imprisoned for at least one year.
- Abandonment: One spouse has voluntarily left the other with the intent to abandon, and this abandonment has lasted for at least one year.
- Living Apart: The spouses have lived apart without cohabitation for at least three years.
Choosing a fault ground requires proof and can make the process more adversarial, but it can be a strategic tool, particularly when it might influence the court’s decision on a “just and right” property division or an award of spousal maintenance.
Step 3: The Divorce Process in Bexar County
While every case is unique, most divorces in San Antonio follow a similar procedural path.
1. Filing the Original Petition for Divorce
The process begins when one spouse (the “Petitioner”) files an “Original Petition for Divorce” with the Bexar County District Clerk. This document outlines the basic information about the marriage, any children, and the grounds for divorce. It may also include temporary orders asking the court for relief, such as temporary possession of the home or temporary child support, while the divorce is pending .
2. Service of Process
The other spouse (the “Respondent”) must be officially notified of the lawsuit. This is called “service of process.” It can be accomplished by:
- Waiver of Service: The Respondent signs a document agreeing to accept the petition and waive formal service, which is common in amicable divorces.
- Personal Service: A constable or private process server personally delivers the citation and petition to the Respondent.
3. The Respondent’s Answer
The Respondent has a deadline to file a written answer with the court, generally by the Monday following 20 days after being served . This answer is a simple document that responds to the petition and lets the court know they intend to participate in the case. If no answer is filed, the Petitioner may be able to proceed with a default judgment.
4. Temporary Orders
While the divorce is pending, life goes on. You still need to know who pays the mortgage, who has the kids on which days, and who drives which car. Either party can request a hearing for temporary orders . A judge will then decide these interim issues based on evidence presented. These orders are designed to maintain stability and reduce conflict during the divorce process.
5. Discovery
This is the formal process of exchanging information between spouses. It can include requests for financial documents (bank statements, tax returns, pay stubs), written questions (interrogatories), and depositions (in-person, recorded testimony under oath) . Discovery is crucial for fully understanding the marital estate and uncovering any hidden assets.
6. Negotiation and Mediation
The vast majority of divorces in Bexar County are settled out of court. The court will often order the parties to attend mediation before a trial date can be set . Mediation involves a neutral third party (the mediator) who helps facilitate negotiations and works with both sides to reach a mutually acceptable agreement. It is often less expensive and less stressful than going to trial. Many of our cases resolve successfully at this stage.
7. Trial
If an agreement cannot be reached, the case will proceed to a final trial before a judge (or, rarely, a jury). Both sides will present evidence, call witnesses, and make legal arguments. The judge will then make final decisions on all disputed issues, including property division, child custody (called “conservatorship” and “possession and access”), and support.
8. The Final Decree of Divorce
The final step is the signing of the Final Decree of Divorce. This is the legally binding court order that officially ends the marriage and outlines all the terms of your divorce, from property division to parenting plans. Once the judge signs it, the divorce is final.
Key Local Considerations for Bexar County Divorces
Bexar County Domestic Relations Office (DRO)
For cases involving children and disputes over child support or medical support, the Bexar County Domestic Relations Office plays a key role . They can provide services such as:
- Child support order preparation.
- Parent education courses (often required for divorcing parents with children).
- Mediation services.
- Monitoring compliance with court orders.
Bexar County Family Justice Center
Located near the courthouse, the Family Justice Center is a valuable community resource that offers services for families in crisis, though it is more focused on safety and support for victims of domestic violence .
Local Rules and Practices
Each of the family district courts in Bexar County may have specific “local rules” or preferences regarding everything from the format of proposed orders to the scheduling of hearings. An experienced local attorney will know these nuances, preventing costly delays and procedural missteps.
Common Issues in Bexar County Divorces
While every family is different, certain issues are common to many divorces in San Antonio.
- Property Division: As discussed in our previous post, Texas is a community property state. The court will divide your marital assets and debts in a manner that is “just and right,” considering factors unique to your case . This is often the most complex part of a divorce, especially when it involves a family business, retirement accounts, or real estate.
- Child Custody (Conservatorship and Possession): Texas law focuses on the best interest of the child. Courts often favor both parents continuing to have a meaningful relationship with their children. This is addressed through legal concepts like “joint managing conservatorship” (both parents share decision-making) and a standard possession order that outlines when the child is with each parent.
- Child Support: Child support in Texas is generally calculated based on a percentage of the non-custodial parent’s net resources, up to a certain cap, depending on the number of children . However, the court can deviate from these guidelines based on the child’s needs or other circumstances.
- Spousal Maintenance (Alimony): Unlike informal “alimony,” spousal maintenance in Texas is court-ordered and available only in limited circumstances, such as in marriages lasting 10 years or more where the requesting spouse lacks sufficient property to meet their minimum reasonable needs.
Why You Need a Local Bexar County Family Law Attorney
Navigating a divorce without experienced legal counsel is like navigating the San Antonio River Walk without a map—you might eventually find your way, but you’ll likely get lost, frustrated, and it will take much longer. An attorney who focuses on Bexar County family law provides:
- Knowledge of Local Courts: Familiarity with the specific judges, court personnel, and local rules in the Bexar County family courts.
- Strategic Guidance: Advice on the best legal strategy for your unique situation, whether that involves negotiation, mediation, or trial.
- Accurate Documentation: Ensuring all paperwork is filed correctly and on time, preventing costly delays.
- Objective Advocacy: Providing a calm, rational voice to help you make sound decisions during an emotional time.
At Barton & Associates, Attorneys at Law, our team is deeply connected to the San Antonio community. We bring over 20 years of experience to the table, treating our clients like family and fighting aggressively to protect their rights and futures . From our historic office in the King William District, we are proud to serve clients throughout Bexar County and beyond.
Taking the First Step
Facing a divorce is never easy, but you don’t have to go through it alone. Understanding the process is the first step toward regaining control of your life. If you live in San Antonio or anywhere in Bexar County and are ready to discuss your situation, we are here to listen.
Call Barton & Associates, Attorneys at Law today at 210-500-0000 to schedule a confidential consultation. You can also use our online Free Consultation form. Let our experience guide you through this transition and toward a new chapter.
