Practice Areas

Divorce Attorney Serving the San Antonio Area

At the Law Offices of Allan R. Manka, P.C., we focus almost exclusively on family law matters. Our experienced team of legal professionals recognizes that divorce and the issues that attend it may be stressful, even when a couple is trying to part amicably. We sit down with each of our clients to make sure that we understand the individuals involved and the unique objectives that they may have. We provide an array of options and help our clients understand the benefits and drawbacks of each course of action. San Antonio divorce lawyer Allan R. Manka can assist you with a contested or uncontested divorce, property division, child and spousal support, child custody and visitation, and modifications of final judgments.

Contested Divorce

In a Texas contested divorce, the spouses disagree on one or more aspects of the divorce, such as property division, child support, alimony, or child custody. Statutory grounds for a fault divorce include cruel treatment, abandonment, long-term incarceration, long-term confinement in a mental hospital, adultery, or living apart for at least three years. No-fault contested divorces are based on insupportability and no reasonable expectation of reconciliation. If one spouse is considered at fault for the marriage ending, this may be considered in determining the division of the couple’s property.

Uncontested Divorce

Your divorce is uncontested if your spouse and you agree about all of the issues in the case, and your spouse does not file an answer with the court after being served with the divorce papers. It is possible to get an uncontested expedited divorce if your spouse and you do not have any minor children together, both of you want to end the marriage, you do not have an ongoing bankruptcy case with your spouse, you do not own property without your spouse or have retirement benefits subject to division, and neither of you is seeking alimony. However, even if you believe that your divorce is uncontested, it may be wise to retain an attorney who can advise you on what you may be giving up if you get an uncontested divorce rather than a contested divorce. Divorces may become complicated, and if you are not fully aware of your legal options, you might make a decision that would adversely affect your children, income, and assets for a long time.

Property Division

Income, assets, and property acquired during a marriage generally belong to both spouses and need to be divided during a divorce. Each spouse may keep his or her separate property. Separate property includes whatever you owned before you married, as well as gifts to you as an individual during the marriage and anything that only you inherited during the marriage. It is assumed that all property acquired during a marriage is community property unless you can prove by a preponderance of the evidence that assets or property are separate property.

Child & Spousal Support

The parent who does not have primary custody of a child usually pays child support to the custodial parent. A judge will determine how much should be paid in accordance with Texas guidelines and the best interests of the child. Support is based on a percentage of income. For example, if a noncustodial parent does not have other children and is paying support to two children, 25% of the noncustodial parent's net income from all sources is the amount set by the guidelines. A court may order spousal support if the spouse who needs support does not have enough property at the time of the divorce to take care of basic needs, and certain other factors are established.

Child Custody & Visitation

In Texas, child custody is divided into two parts: conservatorship and possession and access. Conservatorship consists of the rights and duties of the parents to make important decisions for the child in connection with medical care, education, and other matters. Possession and access refers to who has physical custody of the kids and who has visitation. There are standard and extended standard schedules. Courts in Texas make decisions about these issues based on the best interests of the child.

Modifications

After a divorce, your circumstances may change. For example, you may lose your job, your spouse may receive a promotion, or your child may be diagnosed with a condition that requires additional medical care or extra help with school. While property division is very rarely changed, child-related portions of a divorce decree may be modified to reflect a material and substantial change in circumstances. In some cases, parents may make a modified agreement in the best interests of the child and submit the matter to the court for approval, while in other cases, the parents may be unable to agree about a modification and need to go before the court again. We can help you obtain a modification or oppose a request for a modification by your ex-spouse.

Consult a San Antonio Lawyer During a Divorce Proceeding

The Law Offices of Allan R. Manka, P.C. can help people who are going through a divorce, who need a child custody attorney, or who are seeking representation in any other family law matter. San Antonio divorce attorney Allan R. Manka is a courtroom veteran who started his career 40 years ago and who has the experience, skill, and knowledge to protect your rights and advocate for your interests. We also represent people in Adkins, Atascosa, Converse, Elmendorf, Helotes, Universal City, and Von Ormy, as well as other areas of Bexar County. Call us at (210) 824-1800 or complete our online form to set up an appointment.

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