San Marcos Divorce Lawyer

Award-winning Divorce Lawyer Guiding Families in San Marcos, TX

When you choose to end your marriage, you will need to do much more than simply sign some paperwork. A series of legal steps will need to be followed during your divorce, and you will need to make decisions about your home, your savings, your debts, and your children. Along the way, you may encounter disputes, and strong emotions may make it difficult to think clearly about choices that will have long-term consequences. To understand and address these matters, you need a strong legal advocate on your side.

San Marcos, Texas attorney, Matthew J. Hill, works with clients to address each divorce-related issue. He has the experience needed to address complex issues related to family businesses, investment portfolios, financial support, and disputes over matters that affect parents and children. With his understanding of family law, his familiarity with local courts, and his negotiation and trial skills, he can help you take the right steps to achieve your goals in your divorce.

Moving Through the Divorce Process

When you know what to expect during your divorce, the process can feel more manageable. Our lawyer can assist with each stage of your case, including:

Filing and Notifying Your Spouse

A divorce begins when one spouse files a divorce petition. For most San Marcos residents, a case will be filed in a Hays County district court. To file, one spouse must have lived in Texas for six months and in the county for 90 days. The other spouse must then be served with the divorce petition.

Temporary Orders

During the divorce process, either spouse may ask the court to put temporary orders in place. These orders can decide who will be allowed to stay in the couple's home, how bills will be paid, where children will live, and whether financial support will be paid.

Exchanging Information

Spouses will be required to exchange financial information so the marital estate, each party’s income, and other relevant facts can be evaluated. Our attorney can assist with the discovery process, using tools such as written questions, document requests, subpoenas, or depositions to obtain all information that will be needed.

Mediation and Settlement

Most Texas divorces can be resolved without a trial. Our lawyer can help you determine whether mediation may be a good way to reach agreements, or he may work with you to negotiate directly with your spouse and their attorney. He will work to create a settlement that will meet your needs. If you encounter disputes that cannot be resolved through negotiation, he can advise you on whether a divorce trial may be necessary.

Finalizing the Divorce

Once all issues are resolved, either by negotiating a settlement or after a trial, a judge will issue a final decree of divorce. This decree will govern property transfers, parenting schedules, and support payments. Our attorney can help you understand your requirements under your decree, and if necessary, he can advise you on whether you may be able to appeal an unfavorable decision.

Dividing Property Fairly During Your Divorce

As you work to complete your divorce, you will need to address all assets and debts in the community estate. Community property is divided in a manner the court deems just and right. Separate property is not divided, including gifts and inheritances received during the marriage and personal-injury recoveries other than compensation for lost earnings. Our lawyer can provide the guidance needed during the property division process to help you protect your financial interests.

Complex Assets in High Net Worth Divorces

If you and your spouse have significant wealth, a detailed analysis may be needed to identify, trace, value, and classify property before division. Complex assets that you may need to address in a high net worth divorce include:

• Real Estate: Many local investors own rental homes or apartments in San Marcos. You and your spouse may own other properties as well, such as your family home and vacation homes. Properties may need to be valued based on their fair market value before they can be divided or sold during your divorce.
• Business Interests: If you own a medical practice, retail shop, restaurant, construction company, or another type of business, a valuation may be needed to determine the value of this asset. You will need to make decisions about who will maintain ownership of the business after your divorce.
• Executive Compensation: Stock options, restricted stock units, and annual bonuses that were earned during your marriage will need to be addressed during the asset division process.
• Digital Assets: Cryptocurrency holdings may need to be identified, traced, and valued for consideration when marital assets are divided.
• Retirement Assets: Retirement savings accounts such as IRAs or 401(k)s may need to be divided, and the proper steps will need to be taken to avoid potential taxes or penalties. You may also need to determine how pension benefits earned by either you or your spouse during your marriage will be divided.

Child Custody Decisions

If you are a parent, questions about your children may be some of the most important issues to address during your divorce. Our attorney can help you address child custody issues, including:

Legal Custody

In Texas, legal custody is called conservatorship. A family court may appoint both parents as joint managing conservators, or one parent may be the sole managing conservator. Even when one parent has more decision-making authority, the other parent will usually retain certain rights, such as access to the child's school and medical records.

Physical Custody

Physical custody is known as possession and access. A court will decide where a child will live most of the time, and one parent will typically have the exclusive right to make decisions about the location of a child's primary residence. However, a geographic restriction may limit the child's primary residence, usually to a county and the counties contiguous to it; it does not restrict where a parent lives. The court will put a schedule in place detailing when children will stay with each parent, including on weekends, holidays, and summer vacations.

Child Support Obligations

When a child lives with one parent most of the time, the other parent will usually be ordered to pay child support. The amount of support a parent will pay will be calculated using a percentage of their monthly net resources, which include wages, self-employment earnings, and most other income. A percentage of their net resources will be paid to the other parent, and this percentage will depend on the number of children being supported.

Support orders will usually also require parents to provide health and dental insurance for children. The costs of insurance premiums and other expenses will be divided between the parents. Child support payments will typically be paid until a child turns 18 or graduates from high school, whichever comes later.

When Spousal Support May Be a Factor in a Divorce

In some divorce cases, a court may order spousal maintenance to be paid. This form of support may be necessary if a spouse will not have the resources to meet their needs after the end of their marriage. While court-ordered spousal support may only be available in certain situations, most often when the marriage lasted 10 years or longer and the requesting spouse lacks the ability to earn enough to meet minimum reasonable needs, a couple may also agree on alimony as part of their divorce settlement.

Contact Our San Marcos, Texas Divorce Attorney

A successful divorce will resolve all outstanding issues clearly and fairly, leaving you prepared for the next chapter of your life. At Hill Family Law, PLLC, our attorney can help you divide complex assets, establish a parenting plan, determine what forms of financial support will be paid, and address other issues that may arise during your case. To discuss your situation and get the legal representation you need, contact our San Marcos, TX divorce lawyer at 830-229-2129 and schedule your free consult.