Contested Divorce

Family Law Attorney Advocating Vigorously for San Antonio Residents

People do not enter marriages while thinking that they will end one day, but the reality is that about half of marriages end in divorce. Although the parties may be able to come to an amicable resolution, sometimes the parties disagree on important issues, such as child custody, child or spousal support, or property division. When the parties dispute the cause of the divorce or how essential matters should be determined, it often leads to contention and protracted legal battles. If you wish to seek a divorce, it is critical to retain a knowledgeable San Antonio divorce lawyer to help you protect your rights. Attorney Allan R. Manka is a family law attorney with over 40 years of experience representing parties in contested divorce actions in the Texas courts.

Grounds for Divorce Under Texas Law

In Texas, a party who wishes to end his or her marriage can seek either a no-fault or a fault-based divorce. In a no-fault divorce, neither spouse is deemed responsible for the demise of the relationship. In other words, the party seeking the divorce alleges that the marriage is insupportable due to discord or personality conflicts that destroy the goals of the marriage and prevent any reasonable hope of reconciliation. If a party wishes to apportion blame to his or her spouse for the end of the marriage, he or she can file for a fault-based divorce. Texas law sets forth several grounds for divorce, including adultery, a conviction of a felony, abandonment, and cruelty. If you wish to seek a divorce, you should speak with a proficient San Antonio attorney regarding what to expect during the process.

Child Custody

When the parties seeking a divorce have a child, one of the most contentious issues is often how custody should be divided. What is called legal custody in other states is called conservatorship in Texas. Conservatorship is the right to make important decisions regarding the child’s care and upbringing. Possession, which is often called physical custody in other states, is the right to spend time with the child. The courts will consider numerous factors in determining how conservatorship and possession should be divided, including any special needs or health issues of the child or either parent. Typically, courts will grant parents a joint conservatorship and right to visitation unless there is evidence of abuse. In any case in which custody is a concern, the foremost consideration is determining an arrangement that is in the best interest of the child.

Property Division

Another issue that can lead to a contested divorce is how property should be divided. Texas is a community property state, which means that any property that either spouse acquires during the duration of the marriage is presumed to belong to both parties. This does not mean that community property is split equally in a divorce, however. Instead, the court will divide the property in a manner that it deems fair and just. In many cases, the parties do not agree on what constitutes an equitable division. Additionally, the nature of the property in question may be disputed. If one spouse argues that certain property is separate and owned by him or her as an individual, he or she must produce clear and convincing evidence that the property is not jointly owned.

Meet With a Trustworthy Divorce Attorney in the San Antonio Area

If you have decided to end your marriage, but you cannot agree on essential issues with your spouse, you will likely need to pursue a contested divorce. In any divorce action, it is vital to hire an attorney who is adept at navigating the Texas family law courts and understands what it takes to obtain a favorable outcome. Allan R. Manka is a trusted San Antonio attorney who will work diligently to help you seek a fair result as efficiently as possible. Attorney Manka assists people in divorce actions in the cities of Adkins, Atascosa, Converse, Elmendorf, Helotes, Universal City, and Von Ormy, as well as other areas in Bexar County. You can contact Mr. Manka at 210-824-1800 or through the online form to set up a time to discuss your case.