Kerrville Divorce Attorney

Compassionate Legal Counsel from Our Firm

Divorce is one of the most challenging decisions a person can face, and the legal process that follows can feel overwhelming. At Cofer & Connelly, PLLC, we understand the emotional and financial strain a divorce can impose, and our team of experienced divorce attorneys is here to provide compassionate and knowledgeable guidance every step of the way. Whether your divorce is straightforward or involves complex financial and custody matters, we are committed to protecting your rights and helping you achieve the best possible outcome.

Contact us today at (512) 991-0576 to request an initial consultation.

What is a Divorce?

Divorce, legally known as the dissolution of marriage, is the process by which a couple formally ends their marital relationship. In Texas, the divorce process is governed by state law, which outlines the steps, requirements, and issues that must be resolved for the divorce to be finalized. It is important to note that Texas is a “no-fault” divorce state, meaning that either spouse can request a divorce without needing to prove that the other spouse is at fault. However, fault-based divorces—where one party alleges wrongdoing such as adultery, cruelty, or abandonment—can still be filed.

A divorce can be either contested or uncontested. In an uncontested divorce, both parties agree on all terms, including property division, child custody, and support arrangements. A contested divorce, on the other hand, involves disagreements that must be resolved through negotiation, mediation, or in court.

Common Factors in a Divorce

Several key issues must be addressed during a divorce, particularly when a couple has shared property or children. These factors often become the most contentious areas of negotiation, making it crucial to have an experienced Kerrville divorce lawyer on your side. Below are some of the most common elements involved in a Texas divorce.

Alimony (Spousal Maintenance)

In some divorces, one spouse may be entitled to alimony, known in Texas as spousal maintenance. This financial support is typically awarded when one spouse has significantly fewer financial resources or earning capacity than the other. The court will consider factors such as the duration of the marriage, each spouse's income and employment history, and whether one spouse contributed to the other's education or career.

In Texas, spousal maintenance is not awarded in every case and is usually intended to be temporary, giving the receiving spouse time to become financially independent.

Child Custody

Child custody is often the most emotional and challenging issue in a divorce. Texas courts prioritize the best interests of the child when making custody decisions, which often involves creating a custody arrangement that allows both parents to maintain a meaningful relationship with their children. There are two types of custody: legal custody (the right to make important decisions for the child) and physical custody (where the child lives). Custody arrangements can be joint (shared between both parents) or sole (awarded to one parent). 

Child Support

In Texas, both parents are expected to contribute financially to the upbringing of their children. Child support is typically paid by the non-custodial parent to the custodial parent and is calculated based on the paying parent’s income and the number of children being supported. The state provides guidelines for determining child support amounts, but the court can make adjustments depending on the unique circumstances of the case.

Property Division

Texas is a community property state, meaning that any property acquired during the marriage is generally considered jointly owned and must be divided between the spouses upon divorce. This includes real estate, bank accounts, retirement funds, and debts. However, property that one spouse owned before the marriage or received as a gift or inheritance is typically considered separate property and not subject to division.

Divorce Proceedings in Texas

The divorce process in Texas involves several key steps. Having an experienced Kerrville divorce lawyer to guide you through these proceedings can make all the difference.

1. Filing for Divorce: One spouse (the petitioner) begins the process by filing a petition for divorce in the appropriate Texas district court. The other spouse (the respondent) must then be formally notified of the petition.
2. Temporary Orders: While the divorce is pending, the court may issue temporary orders concerning child custody, child support, spousal maintenance, and property use. These orders ensure stability and financial security during the divorce process.
3. Discovery and Negotiation: In contested divorces, both parties exchange financial information and other relevant documents through the discovery process. This step allows both parties to understand the full scope of assets, debts, and other factors that will affect the final divorce settlement. During this phase, mediation or negotiations may take place to resolve disputes.
4. Finalizing the Divorce: If the spouses reach an agreement on all issues, the divorce can be finalized by submitting the agreed-upon terms to the court. If disputes remain, a judge will make the final decisions after hearing both sides. Once the court approves the final decree of divorce, the marriage is officially dissolved.

Why Choose Us?

At Cofer & Connelly, PLLC, we recognize that every divorce case is unique. Whether you're dealing with a straightforward uncontested divorce or a complex case involving business interests, high-value assets, or contentious custody battles, our experienced attorneys provide the personalized representation you deserve.

Call (512) 991-0576 or contact us online today to schedule a case evaluation and let us help you through this difficult time with confidence and compassion.