San Marcos Divorce Attorney

Skilled Divorce Attorney Handling Property Division, Spousal Support, and Contested Cases in Hays County, Texas

Ending a marriage is straightforward in Texas. The law allows a no-fault filing on insupportability, meaning the relationship cannot be repaired, and that is how most divorces proceed here. Dividing what you built together is where cases often stall, and where a decree written carelessly can cause problems for years.

At Brandon Wong & Associates, our San Marcos divorce attorney brings more than 15 years of legal experience to divorce cases. You will know what you are entitled to before you agree to anything.

Filing Requirements for Divorce in Hays County

To file for divorce in Texas, you or your spouse must have lived in the state for the past six months and in the filing county for the past 90 days. If you have been away on military duty, that time still counts toward both requirements, and the same is true if you moved along on your spouse's orders. The rule keeps the courthouse open to you if Texas is home, even when service has taken you elsewhere.

Once you file the petition, a judge cannot sign your final decree until 60 days have passed. That waiting period is waived only in narrow situations involving family violence. Treat 60 days as the absolute floor rather than a realistic timeline. If you and your spouse disagree on anything substantial, expect the case to run several months or longer.

The Difference Between a Contested and Uncontested Divorce

An uncontested divorce means both spouses agree on every issue, including property, debt, support, and any children. These cases move quickly after the waiting period and cost far less.

A contested divorce means at least one issue remains open. Contested does not mean a courtroom fight is inevitable. Many of these cases settle after both sides exchange financial records and attend mediation. What matters is that the disputed issues are resolved with full information rather than guesswork.

How Texas Law Divides Marital Property During a Divorce

Texas is a community property state. Most assets and debts acquired during the marriage belong to both spouses, and the court divides them in a way it considers just and right. That standard does not require an even split.

Property you owned before the marriage, plus gifts and inheritances received during it, is separate property. Separate property is not divided, but you must prove its status with clear and convincing evidence. Records that felt unimportant years ago often decide these questions.

At Brandon Wong & Associates, we also handle complex property division, dealing with closely held business, stock options, deferred compensation, rental real estate, or retirement plans that require a special court order to divide. A high net worth divorce usually calls for a professional valuation and a careful look at whether either spouse has moved or hidden assets.

Some careers create their own complications. Divorce for doctors can be difficult since a case may involve ownership in a practice, a partnership interest, a signing bonus, or income that swings widely from one year to the next.

Divorces With Special Circumstances

A senior divorce can involve more assets to divide, including retirement accounts, investments, and property built up over many years. Spousal support may also last longer when the marriage lasted longer, although Texas law still limits how much can be awarded and for how long.

A military divorce can involve both Texas and federal law. Federal rules may affect military retirement benefits and survivor benefits, while deployed service members have added protections if they cannot take part in the case. Military service can also affect how Texas residency requirements are counted.

Contact Our San Marcos, Texas Divorce Attorney

If you are filing for divorce in Hays County, you deserve clear guidance from an attorney who understands the local processes. At Brandon Wong & Associates, we have more than 225 five-star reviews because of our dedication to compassionate guidance through the divorce process. Contact our San Marcos divorce lawyer at 210-201-3832 to schedule a consultation.