Milton Fagin San Antonio Family Attorney at Law

Frequently Asked Questions

Family Law Answers

Frequently Asked Question

Family law matters are some of the most difficult to deal with for a variety of reasons. Family is the most important thing in life for most people, and when legal action has to be taken in order to resolve disputes, it can be heartbreaking. Family law also often involves a person’s biggest asset: their home. We understand just how challenging these cases can be and how important it is to have an attorney that you can trust implicitly. Our team will take the time to get to know you and your unique situation so that we can develop a plan that is tailored to your specific needs and goals. Family law matters are never easy, but with our experienced representation, you can rest assured that we will do everything in our power to help you achieve the outcome that you desire.

You are not required to hire an attorney to get a divorce in Texas state, but it is highly recommended. Unless you have no assets, no debts, and no children, you should seek legal counsel from an experienced San Antonio divorce lawyer to protect yourself while making legal decisions that may affect the rest of your life.

Legal separation can be filed if you do not yet qualify for divorce in Texas, or if it is your preference to file for a legal separation. Legal separation is handled similarly to divorce, but you continue to be legally married. Before deciding on whether to file for divorce or legal separation, we encourage you to consult with one of our divorce attorneys.

If your divorce is not finalized prior to December 31st, then you and your spouse must file as married. If spouses are legally divorced on or before December 31st, they should file single, no matter how much of that tax year they were married. Divorcing spouses must then decide whether to file joint or separate taxes.

In Texas and Bexar County, community property is divided equitably. This means that community property (assets and debts acquired during the marriage) are divided in a manner that is fair and equitable to both parties. Separate property is usually not divided, but may be in certain circumstances to make a property division more fair. Gifts and inheritance are typically not subject to property division. Complex assets, like business interests, retirement accounts, investments, etc. require skilled analysis to determine how they will be divided equitably.

Every case is unique, so the length of your case will be determined by how complex the issues are and how easily (or not) it is to reach an agreement with the parties involved. Issues affecting a case’s complexity include child support, visitation rights, child custody, property and debt division and more.

During our first meeting, our attorney Milton Fagin will sit down with you to discuss the details of your case, review case-related evidence, and determine the best plan of action to take. We will answer any questions you might have and address any concerns regarding your situation.

The better prepared you are for your free initial consultation appointment, the better we can serve you. To maximize your appointment, bring copies of tax returns, income documentation, recent retirement and/or pension plan statements, any evidence that defends your allegations, any financial documents regarding your home (mortgage, appraisals, etc.), all recent bank statements for both spouses, and if you are seeking a modification, the court-ordered documents. This all varies depending on your case .

Over 30 Years of Experience In Law Firm

When it comes to family law, it’s important to find an attorney who is responsive, attentive, and compassionate. At Milton Fagin Attorney at Law, we understand that these matters can be sensitive and emotional. That’s why we offer same-day appointments and payment plan options for your convenience. We want to make sure that you have the support you need during this difficult time. So give us a call today, and let us help you take care of your family legal matter.