Trials are rare in family law, and for good reason. They are contentious, stressful and costly. Particularly when there are children involved, courtroom battles may be best avoided. Still, the possibility should always be prepared for. While you and your spouse may ultimately be able to resolve disagreements through negotiation, you want the peace of mind that comes with knowing that, if a trial is necessary, you have a trial attorney on your side.
Diaz LAW not only regularly goes to trial in family law cases; we are one of the few law firms in San Antonio that has taken a divorce case all the way to the Supreme Court of Texas. Our San Antonio family law attorneys are skilled at negotiation and alternative dispute resolution, but we are also ready to take the next step to get you a positive outcome.
Our comprehensive family law representation includes:
When you choose our law firm, you will work directly with an experienced lawyer. We will take the time to learn about your situation, your family and your goals. We put your needs first and make certain that the legal strategy we recommend is what is best for you. After we implement that strategy, we will stand by your side until a resolution is reached.
At Diaz LAW, we have proven our commitment to taking divorce cases as far as necessary to get results for our clients. We are one of the few law firms in San Antonio that has taken a divorce case all the way to the Supreme Court of Texas. While we will certainly attempt to reach an amicable resolution through negotiation, you can be confident that we will be your advocates in the courtroom if your case must go to trial.
Regardless of how straightforward your divorce may seem, you can benefit from the representation of an attorney who is fully prepared for any challenge that might arise.
Our experience has equipped us to handle the most complicated divorce cases. Our San Antonio divorce attorneys understand the nuances in military divorce. We can sort through the various unique property division issues that come with high-income and high-asset divorce. Our knowledge of the Geneva Convention allows us to carefully handle international divorce. Whatever challenge you face, we are ready to help.
We are litigators, prepared to go to trial when necessary. If you are involved in a contested divorce, it is important to have a lawyer on your side who has a record of success arguing cases like yours in court. Even if your case appears to be uncontested, having a trial lawyer representing you may prove valuable if agreements fall apart and disputes arise.
To overcome misconceptions about Texas child custody, there is one fact that must be understood: The goal is to reach an outcome that is in the best interest of the child. The needs of the parents are secondary in the eyes of the court.
At Diaz LAW, we will work with you to determine what truly is in the best interest of your child. Factors that will be considered include each parent's involvement in the child's life up to this point, distance between parents and potential dangers to the child such as parental drug or alcohol abuse. We understand what needs to be looked at and we know how to present a compelling case to do what is best for you and your child.
Child custody can be confusing. You may have heard terms like sole custody, joint custody, physical custody, legal custody, parenting time and parenting plans. While these terms may play a role in your case and our San Antonio child custody attorneys will take the time to educate you about them, what is most important to know is that, barring extreme situations, the expectation will be that both parents will share custody of the child.
The child's time may not be divided 50-50, but that is often a good starting point. We will help you reach child custody and visitation arrangements that make sense, taking into account unusual situations. If you are in the military, travel frequently for work or plan on moving away, certain accommodations may need to be considered to ensure that you get to take part in your child's upbringing. We have the experience to deal with unique scenarios fairly.
Texas child support guidelines are in place to help determine how much child support payments will be. The primary factor used in these guidelines is the income of each of the parents.
At Diaz LAW, our lawyers understand that a formula is only as good as the numbers entered. Our role is to make certain that income numbers are accurate so that child support payments will be fair. It is important to understand that child support is not intended to benefit the payee, but to ensure that the child has the necessary financial support.
The child support guidelines are not always appropriate. For example, the guidelines are not designed to handle high-income situations. Additionally, the needs of the child may dictate deviation from the guidelines. If a child has special needs or extraordinary medical expenses, standard child support payments may not be enough. Our San Antonio child support attorneys take care to calculate fair payments for unique situations.
Typically, child support payments stop when the child reaches 18 years of age. In some cases, parents may agree on prolonging child support until the child is out of college, or arrangements may be made for coverage of college expenses. We will make certain that no potential issues are overlooked when calculating child support.
Court orders pertaining to child custody and child support are not permanent. They can be modified if any of the parties involved has encountered a material and substantial change in circumstances.
At Diaz LAW, we work quickly to seek modifications to court orders obtained after a divorce or a paternity action. While it can be tempting to reach verbal agreements about changes to child custody arrangements, for example, it is important that orders be altered to reflect those changes. This ensures that you are protected against allegations of contempt of court and against enforcement actions. We will advise you of your rights and guide you through the change process.
Requests to change child custody orders are often the result of life changes such as remarriage, the birth of a new child or new jobs. One parent may want to move away with a child, and the relocation request will require creative custody arrangements to ensure that the parent who remains behind will still be involved in the child's upbringing.
In some situations, requests to modify child custody may be necessary due to potential child endangerment. Perhaps one parent has become addicted to drugs or alcohol, or has become involved with someone who presents a threat to the child's safety. Regardless of the situation, our San Antonio divorce modification attorneys can help.
More often than not, requests to change child support payments are the result of an employment-related issue. Perhaps the payee has lost his or her job. Perhaps the payee has been promoted or given a substantial raise. Whatever the case may be, changes in income may need to be reflected in child support payments. We will see that they are.
Diaz LAW is experienced in representing entrepreneurs and small to midsize businesses in San Antonio and the surrounding parts of Texas. Our attorneys frequently represent construction companies, medical practices and businesses in a wide variety of other industries. In every case, we take the time to get to know our client's goals, ensuring that the legal strategy we create is designed to further those goals.
Our San Antonio business law lawyers assist with:
Our reputation as trial attorneys means that a sizable portion of our business law representation involves disputes of some type. We handle cases involving contract disputes and allegations of breach of contract, partnership disputes, shareholder disputes and more.
In every case, we look carefully for opportunities to reach an amicable resolution that will preserve valuable business relationships. We negotiate and use alternative dispute resolution methods when appropriate. However, we understand that these methods are not going to work in every case, and we are always prepared to take the next step.
We prepare for trial from the very beginning. It is our intention to make it clear to our opponent that we will obtain an outcome that our client is happy with, regardless of what obstacles are in our path. The courtroom is our home, and we are comfortable arguing in front of a judge and jury to see that our client's needs are met.
Employees have a right to a workplace free of discrimination, harassment and mistreatment. When that is not provided, they have the right to take action and seek compensation from their employer. While many of these cases are resolved through negotiation, others may need to go to trial. Having a trial attorney on your side will give you peace of mind knowing that you are taken care of if your case needs to go to court.
The attorneys at Diaz & Jakob, PLLC, are at home in the courtroom. Whenever we take on a case, we carefully prepare it knowing that trial may be necessary. In many cases, it is our thorough preparation and history of courtroom success that persuade our opponents to offer settlements that meet our clients' needs.
Our San Antonio employment law lawyers handle cases involving:
Many people seek out an attorney because they believe they have been fired wrongfully. It is important to understand that Texas employers can legally terminate employees for almost any reason, or no reason at all, provided they are not in violation of the law.
A termination is wrongful only if it violates the law. For example, if an employer fires an employee because of the employee's race, religion, gender or age, it is illegal. Firings are also illegal if they are done in retaliation for a protected employee action, such as reporting sexual harassment or filing a workers' compensation claim. We will review your case to determine if you were wrongfully terminated. If so, we will take action to get you compensation.
Cases are not always confined to the boundaries of one practice area. In the midst of a family law case, allegations of domestic violence may arise that fall into the realm of criminal defense. In a criminal defense case, there may be reason to believe that the accused's constitutional rights were violated. The fact that we can handle all of these matters means that our clients get all the legal protections and options they need at one law firm.
Our lawyers are skilled at all methods of dispute resolution and take great care to use the one that is most effective for each case and each client. Some cases may be resolved through some form of alternative dispute resolution, such as mediation or arbitration. Others may require a more aggressive approach, and we will proceed to trial as necessary.
President and attorney Abraham Lincoln once said, "Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser â€” in fees, expenses and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough."
At Diaz LAW, we welcome the opportunity to serve as peacemakers, using forms of alternative dispute resolution instead of trial whenever possible. We can use these means to resolve family law disputes, employment disputes, personal injury disputes, business disputes and more.
The attorneys at our San Antonio alternative dispute resolution center are skilled at using mediation. In mediation, both sides work together, each typically with his or her own attorney, to resolve the dispute. A trained mediator assists in facilitating the resolution, opening up possibilities for unique and creative outcomes that may not have been possible at trial.
Arbitration is closer to trial in tone and format. In arbitration, both sides will be able to present their cases to an arbitrator. The arbitrator will be a person with in-depth knowledge of the law. He or she will weigh the facts of the case and determines an outcome. Arbitration may be binding or nonbinding, depending on the context. We do not charge case administration or setup fees for arbitration.
Collaborative law is a relatively new form of alternative dispute resolution in Texas. Like mediation, it encourages each side to work together with the help of specially trained lawyers. Safeguards are put in place to encourage a meeting of the minds and an amicable resolution. This is most commonly used in divorce and family law cases.
Principal Office in San Antonio Texas and also serving the surrounding areas of: New Braunfels, Boerne, Kerrville, Schertz, Floresville, Seguin, Jourdanton, Selma, Live Oak, Austin, Helotes, San Marcos, Bexar County, Guadalupe County, Comal County, Kendall County, Wilson County, Kerr County, Medina County, Hayes County, Travis County Texas