With years of experience handling family law cases, the divorce lawyers of Carroll & Hinojosa are familiar with the conflict and turmoil our clients so commonly experience during the pendency of their cases. Our mission is to be sensitive counselors, while also being zealous divorce lawyers. In family law, as in our other practice areas, our multiple divorce lawyers allow our clients to have access to a team strategy that simply isn't available for most divorce law firm's.
Because every case, and every client is unique, we offer a free phone consultation to try to help you gain a level of comfort and understanding before you arrange to visit a divorce lawyer's office.
Mr. Carroll has been licensed since 1996. He is a graduate of Western Michigan University Cooley Law School.
Voted Top Family Lawyers
SA Scene • March 2019
Mr. Hinojosa has been licensed since 1996. He is a graduate of The University of Texas School of Law.
Voted Top Family Lawyers
SA Scene • March 2019
Divorce matters can be very complex, and there is no substitute for the advice and counsel of an experienced divorce lawyer. The following articles are provided to assist the reader in better understanding the issues that may arise in a divorce case. It is not provided as a substitute for legal advice. Please call for a confidential, free, no obligation, consultation with one of our experienced divorce attorneys.
Going through a divorce is, for many people, one of the most difficult emotional processes they may ever experience. That’s why we are committed to ensuring that every part of your legal matter is made as painless as possible for you. We understand there may be a lot of stress on you as you deal with the filing of a divorce, but having a lawyer who will take the time to walk you through each part of the process may be enough to make the process manageable. Call now and let one of our divorce lawyers tell you how we can help.
Going through a divorce is, for many people, one of the most difficult emotional processes. That’s why we are committed to ensuring the legal aspect of the divorce process is made easy for you. We understand there may be a lot of stress on you as you deal with the filing of a divorce, which is why we will compassionately serve you and work tirelessly to fight for what you deserve. Whether you have received divorce papers or you are the one seeking a divorce, we are here for you, to take the stress upon ourselves and make this difficult time a little bit easier on you.
Experienced family law attorneys should support you by standing beside you throughout the entire divorce process, and at the Law Offices of Carroll & Hinojosa, PLLC, we believe that support should begin by making sure you understand the entire legal process of divorce. You need to understand what the process looks like, the timeline for a divorce, what your family law attorney plans to do for you, and what possible outcomes could look like in terms of property division, child custody arrangements, etc. Let’s begin with a look at the divorce process
The first step in the divorce process is the filing of a Petition for Divorce. The original petition is filed with the Court and also served upon the other spouse (in family law, the other spouse is often called “the other party” or “the responding party” and refers to the non-filing spouse); its purpose is to give notice to the State of Texas and to the other party that the filing spouse is requesting the Court to order the termination of the marriage relationship. The Petition is a very short and concise document, often thought of as a “bare-bones” document. Sometimes, a responding party might think that the petition is invalid because it includes so little information, but this is a simple document and, generally, it is valid despite its bare appearance. After the petition is filed, the Court will issue a citation that must be attached to the petition and served jointly upon the other party to start the clock for the required waiting period. You may have heard before that a divorce takes 60 days to be finalized. This is the standard waiting period, but that’s only in a straightforward divorce without any complicating factors. So, assuming there are no factors in your divorce that require more time to resolve, such as the Court requiring the parties attend mediation, for example, spouses must wait 60 days after the filing of the petition before the Court can grant the divorce.
The requirement for service of process can be met by either actual service upon the other party or by the other party waiving service. The responding party can waive service by signing a document known as a “Waiver of Service” which is then filed with the Court by the filing party. If a party does not think the responding party will be likely to waive service, the filing party should serve the other party with process. Service of Process is when a copy of the petition filed with the Court and a copy of the citation issued by the Court is physically delivered to the other party. The personal delivery is generally carried out by a process server, but can also be accomplished by a constable or similar public officer. However, while there are multiple options to use for service, the party seeking the divorce is never permitted to serve process upon the responding party. The Citation is what the District Court Clerk will issue to notify the other party of the suit and the need for an answer to be filed the first Monday after the expiration of 20 days from the date of service. The responding party must be sure to file an answer before the deadline in order to avoid the court entering a default judgment against it and granting the request of the party who filed.
Oftentimes, before a divorce is finalized, there are matters that must be determined immediately, such as who will have access to the house and primary possession of the kids. In such instances, the Court will enter Temporary Orders that determine who has access to what. Temporary Orders can also be used to prevent spouses from spending funds from a joint checking account, destroying any personal property of the other, and other harmful acts to property until a final division order has been issued. If you have a matter that needs to be resolved before the divorce will be finalized, it is critical to hire a family law attorney early on in the divorce process to ensure your rights and desires are fought for at any hearing on Temporary Orders.
Discovery is another important step in the divorce process. The court will allow a set period of time for Discovery to take place, a time period which parties should use to find out relevant aspects of the other party’s life, assets, business profits, personal property, etc. There are five allowable forms of discovery under Texas law: Depositions, Interrogatories, Requests for Production, Requests for Admissions, and Requests for Disclosure. Discovery is often a very useful means of gaining evidence in the divorce process and while it is often expensive, it is almost always necessary in a contested case.
When the divorce decree is signed by the judge, this is not necessarily the end of the divorce proceeding. Either spouse has up to 30 days to file an appeal, which means the divorce is not technically finalized until the 30 days after the signing of the divorce decree. This means there will be effectively 90 days between the date of the filing of the petition and the date when the divorce is truly finalized—which means at least 90 days must have elapsed before a spouse can legally marry again.
For many people, by the time they contact an attorney they've already concluded not only that they want a divorce, but they've already resolved the terms of their divorce. For these people, the right attorney is someone who is competent to handle all the issues involved in their matter, but also someone who is going to charge a reasonable rate. At Carroll & Hinojosa, we've been helping clients in San Antonio and South Texas with their agreed and uncontested divorce matters since 1998. We can help you understand the issues that are relevant in your matter, and help you with options to resolve them. While you're concerned about resolving the difficult issues, we can help you avoid missing the more subtle things that can really make a difference down the road. Call now to talk to one of our divorce lawyers, and let us explain how we can make a difference for you with your agreed/uncontested divorce matter.
A contested divorce will require more steps and usually more hearings during the process than a noncontested divorce. Discussing the specific circumstances of your divorce with an experienced family law attorney can help you understand the legal side of the divorce process more fully and lay out what your best options are as you proceed. We are here if you have any questions or need some guidance during this time.
A common misconception about divorce is that the court is going to divide property from a marriage equally. Maybe it’s the adage that marriage should be 50/50 that leads people to try to apply that fraction in divorce, but whatever the reason for the assumption, in Texas it simply doesn’t always work that way. In Texas, the Court is charged with making a "fair and equitable" division of the property. This may be 50/50, but in some cases not. Call to talk with one of our divorce lawyers to find out how the rules may apply to the specific facts of your matter.
There's simply no denying that custody cases are among the most difficult cases that lawyers handle. Since 1998, our divorce lawyers have been helping clients work through the legal and practical aspects of their divorce matters. Custody cases are the type of matters that reveal the difference between attorneys who know what they are doing, and attorneys who are simply going through the motions. It takes time to understand the details of a case, but any experienced divorce and custody lawyer will tell you that the difference between winning and loosing a custody case is in the details. And while a lawyer can't change the underlying facts of a case, a lawyer can sure make a difference in the way the facts are presented to a judge or jury. Call now to talk to one of our custody lawyers and let us explain how Carroll & Hinojuosa can make a difference with your custody case.
Texas law presumes that any interest acquired during a marriage is community property. Separate property is property that was either brought into the marriage (owned prior to marriage), or a gift to one of the spouses. This same presumption applies to debt accumulated during a marriage. Of course, a premarital agreement can change this presumption. Also the courts have the authority to divide assets and debts in a “just and equitable” manner, and aren’t required to make a 50/50 split.
Spouses with separate property should be careful to ensure they understand the rules required to avoid accidentally co-mingling their separate property with community property. The advice of a competent attorney is invaluable here, and can really save your assets.
Service members and their spouses bring some unique concerns to the table when divorce arises in their marriages. There are significant issues both in custody and visitation, and division of property that should be considered, and It’s critical that any service member or spouse who is considering divorce find an attorney who understands, and can advise them, regarding these unique issues with military divorce.
Military retirement is a commonly misunderstood area, even among attorneys. It is important the attorney you choose be versed in this area if either you our your spouse has military retirement. Military retirement is subject to division in Texas divorce cases, regardless of the duration of the marriage. For retirement to be divided by DFAS (Department of Finance and Accounting Service) and sent to the service member spouse, the spouse must have been married to the service member for at least ten (10) years, while the service member was serving. The manner of division, and the amount are complicated matters that, again, should be discussed with an attorney.
Custody and visitation is another are where members of the armed forces and their spouses find unique issues. For most service members, one of the realities of life is that they will not be at one location for very long. This reality is understood and appreciated by most judges in our family law system, which is critically important, but this appreciation may not help the service member who is stationed in an area where it just isn’t safe to have a child. Once again, these matters of custody and visitation should be discussed with a lawyer who has experience helping service members and their spouses with this type of matter.
