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Divorce in Texas: Compassionate Support, Proven Results
At The Law Office of Steven C. Benke, we provide more than just legal representation — we provide peace of mind. With over two decades of experience, our San Antonio divorce lawyers guide you through the emotional and legal complexities of divorce in Texas, offering both aggressive representation and compassionate support.
Call now for a free consultation: 210-308-0004.
Why Choose Our Texas Divorce Attorneys?
- Over 20 years of Texas family law experience
- Personalized strategies for complex or uncontested divorces
- Support for military, high-asset, and men’s divorce cases
- Dedicated post-divorce enforcement and modifications
- Located in the heart of San Antonio, TX
Understanding the Divorce Process in Texas
The divorce process in Texas can feel overwhelming — but it doesn’t have to. Our Texas divorce attorneys walk you through every step:
1. Residency Requirements
To file for divorce in Texas, one spouse must have lived in the state for at least 6 months and in the filing county for at least 90 days.
2. Grounds for Divorce
Texas allows both no-fault and fault-based divorce grounds:
- No-Fault: Insupportability (irreconcilable differences)
- Fault-Based: Adultery, cruelty, abandonment, felony conviction, or mental hospital confinement
3. The 60-Day Waiting Period
Texas law requires a minimum 60-day waiting period before a divorce can be finalized. However, most cases take 6 months to a year, depending on complexity.
Is Texas a No-Fault Divorce State?
Yes. Texas is a no-fault divorce state, meaning you don’t have to prove wrongdoing to file. Simply citing insupportability is sufficient. However, proving fault like adultery or cruelty can impact property division or spousal support.
Can You Date During a Divorce in Texas?
While you’re free to begin a new chapter, dating during a divorce may be seen as adultery in fault-based filings. This could affect property division and child custody outcomes, especially if the relationship is public.
Does Texas Recognize Legal Separation?
No. Texas does not recognize legal separation. Until your divorce is final, you’re still legally married. This means:
- Property and debt acquired is still considered community property
- You remain financially linked unless a court orders otherwise
Property Division: What Happens to Your Assets?
Texas follows community property laws, which means that most assets acquired during marriage are owned jointly. However, not everything is split 50/50.
Community Property
Assets like homes, vehicles, retirement accounts, and debts acquired during marriage are typically divided justly and equitably, not necessarily equally.
Separate Property
Assets may be considered separate if:
- Acquired before marriage
- Inherited individually
- Received as a gift
- Related to certain personal injury claims
To claim separate property, you must prove it — this is where a skilled San Antonio divorce lawyer makes a big difference.
Get Divorced in Texas Without Mistakes
While filing for divorce without a lawyer is possible, it can lead to missed deadlines, unfavorable settlements, or custody issues. With The Law Office of Steven C. Benke, you get:
- Legal protection for your rights and assets
- Expert help with child custody, support, and enforcement
- Ongoing guidance during and after the divorce process
- Mediation or litigation tailored to your goals
Military Divorce? We Know the System
Military families face unique challenges. From residency issues to military retirement division, our firm understands the nuances of military divorce in Texas.
Post-Divorce Modifications and Enforcement
Your life evolves — and so should your legal agreements. We help with:
- Custody or visitation modifications
- Enforcement of spousal or child support
- Relocation hearings
- Protective orders
FAQ: Texas Divorce Law
How long does it take to get a divorce in Texas?
At least 61 days, due to the waiting period. Most divorces take 6–12 months depending on case complexity.
What are the grounds for divorce in Texas?
You may file on no-fault grounds or cite adultery, cruelty, abandonment, and more for a fault-based divorce.
Is legal separation an option in Texas?
No. You are considered married until the divorce is finalized, and community property rules apply during that time.
Do I need a divorce lawyer?
Unless your divorce is extremely simple and uncontested, working with a lawyer protects your interests, avoids costly mistakes, and ensures a smoother process.
Schedule Your Free Divorce Consultation
Choosing the right attorney is crucial. At The Law Office of Steven C. Benke, we treat every client like family — no billable-hour padding, no unnecessary legal maneuvers.
Call 210-308-0004 today or contact us online to schedule your confidential consultation with a trusted San Antonio divorce attorney.
Other services you may be interested in...
Expert child custody legal services in Texas. Tailored support ensuring your child's best interests during divorce. Contact The Law Office of Steven C. Benke.
No matter what your family law legal situation, we will stand by your side from start to finish and will aggressively fight for your behalf during the entire process.