Divorce & Custody

We’re Here to Help

From divorce and child custody to property division and spousal support, our firm provides services for various family law matters, providing comprehensive legal solutions tailored to your needs.

Divorce

At Roberson Duran Law, we provide experienced divorce representation in San Antonio, Texas, helping clients navigate both contested and uncontested cases. From property division and spousal support to child custody and visitation, our attorneys protect your rights while working toward fair and efficient resolutions. We offer clear guidance, cost-effective solutions, and strong advocacy to ensure the best outcome for your future.

Child Custody & Support

Our firm is dedicated to securing the best interests of your child in custody and child support cases. Whether you’re seeking sole or joint custody, modifying existing agreements, or establishing fair child support payments, we provide strategic legal support tailored to your family’s needs. Serving San Antonio, Texas, we help parents navigate complex family law matters with compassion and expertise.

Property Division

Dividing assets during a divorce can be complex, but our attorneys ensure a fair and equitable property division process. We help clients understand their rights regarding marital assets, debts, retirement accounts, and business ownership. Whether through negotiation or litigation, we fight for the best financial outcome so you can move forward with confidence in San Antonio, Texas.

Spousal Support (Alimony)

If you need legal guidance on spousal support, Roberson Duran Law is here to help. Whether you’re seeking alimony or contesting an unfair request, our attorneys work to ensure fair financial support arrangements. We assess factors like income disparity, marriage duration, and financial needs to advocate for the best possible resolution in San Antonio, Texas.

Book a Consultation

Take the first step toward resolution with confidence—book a consultation today to get guidance, so you can move forward with peace of mind.

Frequently Asked Questions

Find answers to common questions about family law, our services, and what to expect—our FAQ section is here to help you feel informed and prepared every step of the way.

Divorce

How long does a divorce take in Texas?

In Texas, a divorce takes at least 60 days due to the mandatory waiting period, but contested cases can take several months or longer, depending on their complexity.

Do I need to prove fault to get a divorce in Texas?

No, Texas allows for no-fault divorce, meaning you don’t have to prove wrongdoing. However, fault-based grounds like adultery or cruelty can impact property division and spousal support.

How is property divided in a Texas divorce?

Texas is a community property state, meaning marital assets are generally divided equitably, but not always equally. Separate property (acquired before marriage or by gift/inheritance) is usually not divided.

Can I get divorced if my spouse doesn’t agree?

Yes. If one spouse files for divorce and the other refuses to participate, the court can still grant the divorce through a default judgment.

Child Custody & Support

How do Texas courts determine child custody?

Texas courts prioritize the child’s best interests, considering factors like parental involvement, stability, and the child’s emotional and physical needs. Joint custody (conservatorship) is common, but one parent may have primary custody.

Can a child choose which parent to live with?

At age 12 or older, a child can express a preference, but the court makes the final decision based on their best interests.

How is child support calculated in Texas?

Child support is based on a percentage of the noncustodial parent’s income, typically 20% for one child, 25% for two, and increasing with additional children, subject to state guidelines.

Can child custody or support orders be modified?

Yes. If there’s a significant change in circumstances, such as a job loss or relocation, you can request a modification through the court.

Property Division

What is considered community property in Texas?

Community property includes assets and debts acquired during the marriage, while separate property (owned before marriage or received as a gift/inheritance) is not divided in a divorce.

Will my spouse get half of everything in a divorce?

Not necessarily. While Texas follows community property laws, courts consider factors like earning potential, fault in the marriage, and financial needs when dividing assets.

What happens if my spouse hides assets during the divorce?

If a spouse attempts to hide assets, legal action can be taken to uncover and equitably distribute them. Courts may penalize a spouse for financial dishonesty.

Can we decide on property division without going to court?

Yes, if both parties agree on property division, they can create a legally binding agreement without court intervention. Mediation can also help resolve disputes.

Spousal Support (Alimony)

Who qualifies for spousal support (alimony) in Texas?

Texas law limits spousal support to cases where the requesting spouse lacks sufficient income and meets specific conditions, such as a marriage lasting 10+ years or the spouse being a victim of domestic abuse.

How is spousal support calculated?

Texas limits spousal support to the lesser of $5,000 per month or 20% of the paying spouse’s income, with duration based on marriage length and other factors.

Can spousal support be modified?

Yes. If there’s a substantial change in circumstances, such as job loss or remarriage, either party can request a modification.

Does adultery affect alimony in Texas?

Yes. If a spouse is found to have committed adultery, the court may reduce or deny their request for spousal support.