Choosing to file for divorce can be a heartbreaking decision. You may have decided after months of rumination. Anxiety further builds when your spouse doesn’t agree to sign divorce papers. But what happens if your spouse refuses to sign off? Is there anything you can do? In Texas, you can...
Blog Category | Divorce
Property Division in Texas Divorce Cases
Texas courts consider any property acquired during the marriage to be owned equally by both spouses. When it comes to divorce, the court will generally divide any assets, debts, and property equally between both spouses. Even though Texas is a community property state, a judge does have discretion to divide...
What Counts as Community Property in Texas?
If you are getting a divorce in the Lone Star State, you may be concerned about what property you will be keeping once the divorce is finalized. Perhaps you are a self-starter, building your business from the ground up, or you came into the marriage with a large sum. You...
Who Gets the House in a Texas Divorce?
Upon deciding to dissolve your marital union, you may wonder whether you or your spouse will retain ownership of your home. If both of you own title to the house jointly (which is often the case in a divorce) or if the house was purchased while you were married, then...
What Are the Grounds for Divorce in Texas?
The State of Texas permits both fault-based and no-fault divorces, as well as annulments. Additionally, the parties may agree to joint petitions for divorce without contesting the facts (uncontested). Filing for the correct type of divorce can dictate your rights during marital dissolution proceedings. Contact a compassionate divorce lawyer at...
Filing for Divorce in Texas With or Without a Lawyer
Getting a divorce can be costly, making you consider forgoing representation and just figuring things out on your own. While it is technically possible to file for divorce in Texas without a lawyer, it is not advised. At Cook Law Firm, our legal team understands the desire to save every...
Is Texas a No-Fault Divorce State?
Yes, Texas is both a no-fault and fault-based divorce state. This means one spouse can obtain a divorce without the other spouse’s consent, without proving marital fault. However, you have the option of filing for divorce on multiple grounds in the State of Texas. Contact an experienced divorce attorney at...
Divorce Costs and Fees in Texas Explained
Depending on several factors, a divorce may cost anywhere from a few hundred dollars to tens of thousands of dollars. At a minimum, you will be responsible for covering the cost of filing fees. However, the complexity of the case, the number of years you were married, and whether any...
What Can and Cannot be Included in a Prenup?
Prenuptial agreements, or prenups, are unique legal contracts that only take effect once a marriage occurs. Because they involve sensitive and complex provisions, they must be carefully drafted to avoid invalid terms that could render the agreement unenforceable. For this reason, prenups should always be prepared and reviewed by an...
Can a Prenup be Challenged or Overturned in Court?
Like any contract, prenuptial agreements (prenups) can be challenged, modified, and even overturned by Texas courts under certain circumstances. This often occurs if the contract is declared invalid due to specific procedural flaws or appears extremely unfair, indicating potential duress. It is challenging to overturn a prenuptial agreement in Texas,...
Do You Need to Be Legally Separated Before Divorce in Texas?
No, you do not have to be legally separated before filing for divorce in Texas. The State of Texas does not offer a legal separation option, which is often confused with the contested divorce grounds of ‘living apart.’ Discuss the grounds for divorce in San Antonio, including the benefits and...
How Long Does a Divorce Take to Get a Divorce in Texas?
How long it takes to get a divorce in Texas depends on numerous factors, including the type of divorce sought. With legal help from the experienced divorce lawyers at Cook Law Firm in San Antonio, TX, you can finalize an uncontested divorce in as little as 61 days. Discuss your...
What Are the Residency Requirements for Filing for Divorce in Texas?
Everyone needs a fresh start sometimes, especially after a significant relationships end. Whether you decide to end your marriage after a recent move or return home to be with family, certain residency requirements apply before you can file for divorce in Texas. Discuss the unique residency laws applicable to your...
High-Net-Worth Divorce Strategies in San Antonio
Divorce can be complicated, but when you add a high net worth into the mix, things can become even more difficult. You may have multiple properties, a range of investments, or even a business that needs protection. Each of these factors demands careful handling during a divorce. At The Cook...
What Is A Contested Final Hearing?
When you file for divorce, hopefully you and your spouse will be able to hash out all your legal issues without need for litigation. But the reality is that your negotiations might not prove as fruitful as you hope, which forces you to address the matter in open court. When...
How Does Texas Law Handle Pet Custody in Divorce
When couples in Texas end their marriage, one of the biggest questions they sometimes face is: who gets to keep the beloved family pet? While many people see their dog, cat, or other animal companions as members of the family, the state of Texas views pets quite differently in divorce...
How Long Does a Texas Divorce Really Take?
Divorce is never easy. The thought of dividing assets, handling child custody, and deciding who keeps the house can feel overwhelming. One of the most common questions people have is: “How long does a Texas divorce really take?” The answer depends on a few key factors, like whether the divorce...
3 Issues That Can Complicate Military Divorces
Contrary to what people sometimes believe, military divorces are not subject to military law. Instead, the same laws applied to military divorces as to civilian divorces. The specific laws that guide the divorce process for military personnel and their spouses depend on the current location of the family. The base...
What Happens to the Family Business in a Texas Divorce
Running a family business can be an exciting part of building a life together. But when a marriage ends, one big question arises: What happens to the family business? Under Texas law, many factors go into deciding how to split your shared property. If you own a business, it can...
Managing Joint Credit Card Debt During Your San Antonio Divorce
Going through a divorce often raises many questions, and one of the most stressful can be: What happens to the credit card debt in our names? In Texas, spouses often share financial obligations, including credit card balances accumulated over the course of a marriage. When you decide to end your...
What Steps Should You Take Before Filing for Divorce in San Antonio?
Filing for divorce is a life-changing decision that often comes with many questions. If you live in San Antonio, Texas, you might wonder what you should do before you ever file anything with the court. Planning ahead can help you feel more prepared and secure during this difficult process. Below,...
Digital Asset Division in Modern Texas Divorces
When people think about divorce, they often imagine splitting a house, cars, or a bank account. But in today’s world, couples also have online businesses, social media channels that earn ad revenue, and digital currencies like Bitcoin. In Texas, these “digital assets” are treated much like any other type of...
Protecting Your Business Assets in a San Antonio Divorce
Running a business can be both exciting and stressful. When you put your heart and soul into building a successful company, the last thing you want to worry about is how a divorce might affect it. In Texas, divorce can be especially complicated if you own a business. At The...
Can You Change Your Child’s School District After Divorce?
Divorce can bring many changes to your family life. One question that comes up for many parents is whether they can move their child to a different school district after the divorce is final. The Cook Law Firm & Associates PLLC, wants you to know how these moves are handled...
Do I lose house rights if I move out during divorce?
Divorce can be a challenging time, especially when it comes to decisions about your home. If you are considering moving out during the process, you might wonder how it affects your rights to the property. Understanding how Texas law handles these situations can help you make informed choices. Understanding property...
What’s The Difference Between Community and Separate Assets in Texas?
When a marriage ends, it can feel confusing and stressful. The way the law treats your home, your car, your savings, and even your debts can shape your future. Many couples in Texas worry about how to divide what they own when their marriage comes to a close. By knowing...
What Most People Get Wrong About Property Division In Texas
Every divorce is different. People decide to end their marriages for a variety of unique reasons. Some married couples have minor children, while others might have an adult child with special needs or no dependents at all. Every married couple has a unique assortment of property and debts to divide...
Post-Divorce Estate Planning Changes in Texas
Divorce is a life-changing event that requires people to reassess and update different aspects of their lives, including their estate plans. In Texas, it’s important for recently divorced individuals to review and revise their estate planning documents to make sure that their wishes are carried out and their assets are...
I Was Served Divorce Papers In Texas, Now What?
Receiving divorce papers can feel overwhelming. Whether you expected it or not, taking quick and thoughtful action is essential. Here is what to do next. Review the divorce papers Read every word of the papers. These documents explain your spouse’s requests, including property division, child custody, and support. Pay attention...
Building a Positive Future for Your Children with Effective Co-Parenting Strategies
When parents end a marriage, the changes may feel overwhelming. Children often need guidance, structure, and security. This is where co-parenting can make a difference. It is a way for parents to work together after divorce to give children a life that feels stable and kind. Though it may seem...
Can Social Media Impact Your San Antonio Divorce Case?
If you’re going through a divorce in San Antonio, you might not realize the potential impact of your social media presence on your case. In today’s digital age, it’s important to understand how your online activity can influence divorce proceedings. Our San Antonio divorce lawyers at The Cook Law Firm...
Divorce Mediation – A Cost-Effective Solution for Couples in San Antonio
Going through a divorce can be emotionally and financially draining. However, there’s a method that can make this process smoother and less costly: divorce mediation. As San Antonio divorce mediation lawyers, we’ve helped many couples navigate this challenging time with less stress and conflict. If you’re considering divorce in San...
Divorce and Division of Assets – Protecting Your Interests in Texas
As your Texas divorce lawyers, we understand the issues involved with asset division in Texas and are committed to protecting your interests throughout the process. If you’re facing a divorce in Texas, it’s important to understand the state’s community property laws and employ strategic measures to protect your financial future....
3 Concerns That May Inspire Complex, Contested Divorces
Some spouses preparing for divorce can cooperate with each other. They may have already signed a contract talking about property division and other crucial divorce terms. In such cases, spouses can move forward with a straightforward uncontested divorce. Other times, spouses do not agree on terms and may find themselves...
3 Times Spouses Can Claim Dissipation During A Divorce
When married couples divorce, finding ways to divide their assets can be a real challenge. Sometimes, one spouse is so angry about the idea of sharing marital property or income with the other that they intentionally waste or destroy marital property. The dissipation of marital resources is a common form...
Statutory Basis – Family Violence in Texas
At The Cook Law Firm & Associates PLLC, we understand that family violence is a serious issue that affects many households in Texas. As experienced Texas family law attorneys, we believe it’s important for our clients to understand the legal framework surrounding family violence in our state. Here, will explore...
Business owners: Two important steps when dividing property during divorce in Texas
Texas law generally considers property acquired during the marriage as community property subject to division during divorce. This can include any business interests developed or sustained during the marriage. This point is extremely important for business owners going through divorce as a failure to move forward with care can have...
San Antonio Divorce and Child Custody FAQs
Going through a divorce or child custody dispute can be one of the most challenging experiences in life. At The Cook Law Firm & Associates, PLLC, we understand the emotional and legal issues you’re facing. As experienced San Antonio divorce lawyers and child custody attorneys, we’re here to guide you...
What Should I Know About Divorce in Texas?
Going through a divorce can be tough. It’s a big change in your life, and there’s a lot to think about. If you’re considering a divorce in Texas or are already in the process, it’s important to understand how things work here. At The Cook Law Firm & Associates PLLC,...
Divorce and the family home: 4 common options
The home is both a substantial financial asset and the space where families have built many memories. This can place couples in a difficult position when determining what to do with their home during the divorce process. What should you know about the advantages and disadvantages of each option? Option...
3 Ways Divorcing Spouses Can Arrange An Uncontested Divorce
Some divorces are messy and take months to complete. When spouses cannot agree on the terms of a divorce, they may need to litigate and ask a judge to apply state law to custody, property division and financial support matters. Many people prefer to keep their marital disputes out of...
Amicable Divorces Still Require Planning And Organizing
An amicable divorce, while generally more peaceful than a contentious one, still involves significant emotional and logistical challenges. Both spouses need to communicate openly and honestly, setting aside personal grievances for the greater good. The effort, however, is well worth it. By working together, couples can ensure a smoother transition...
What Happens To A Military Pension During A Divorce?
Military servicemembers may find themselves preparing for divorce while stationed in Texas. They could be unsure of what to expect. Both servicemembers and their spouses recognize that their unique circumstances could lead to more complicated divorce proceedings. One of the many challenges couples may have to overcome is the need...
Why A Contested Divorce May Be Necessary If You Have Kids
Contemplating divorce when you have kids requires putting their interests above everything else. By setting your priorities right, you can have an easier time deciding the most suitable path for ending the marriage. On the one hand, an amicable divorce can minimize the chaos your kids would have to experience...
Does your divorce have to be a battle?
You’re likely aware that the end of a marriage is rarely an easy process. If you’re divorcing, even if there are no contentions between you and your soon-to-be ex, your emotions can run high and complicate the process. However, despite the challenges, you don’t necessarily have to resign to a...