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San Marcos, TX Contested Divorce Lawyer

A contested divorce in San Marcos usually means you and your spouse still disagree about something that matters — the house, the kids, retirement, or who pays what. SMB Law, PC helps people across San Marcos work through those disputes without letting the process spiral, whether the case runs through mediation or all the way to a Hays County courtroom.

Wedding rings on divorce paperwork in San Marcos, Texas

San Marcos is a Texas State University town, and we see divorces shaped by everything that comes with that: dual-career households, families who moved here for the university or the growth along I-35, and property that is not always simple to divide. We tailor the approach to what is actually in dispute for you instead of running every case the same way.

Where a San Marcos contested divorce is filed

Because San Marcos is the seat of Hays County, your divorce is filed and heard right in town at the Hays County Government Center on South Stagecoach Trail. That is convenient, but it also means your case lands in front of judges who have their own expectations about temporary orders and scheduling — expectations we plan around from the first filing.

Gold wedding bands during a San Marcos contested divorce — SMB Law, PC

The rules that shape a contested case

Texas will not finalize any divorce until at least 60 days after you file, and a contested case almost always takes longer once property and custody questions are on the table. You also have to meet the residency rule — six months in Texas and 90 days in Hays County — before you can file here. When it is time to divide what you built together, Texas aims for a division that is ‘just and right,’ which is not automatically an even split; fault such as adultery can tilt the outcome.

Working with us from San Marcos

Our office sits about 30 miles north in downtown Austin, a drive most San Marcos clients would rather not make twice a week. We handle the bulk of consultations and case updates by phone and video.

At SMB Law, PC you work directly with attorney Shane M. Boasberg, who has represented Texans for more than two decades. We explain things in plain English, give you a plan instead of more stress, and keep you informed from your first confidential consultation through final resolution.

Why clients choose SMB Law, PC

  • Direct attorney access — you talk to Shane, licensed since 2003, not a call center.
  • Honest advice — if a fight is not worth the cost, we say so.
  • Transparent fees explained before you commit.

What working with us looks like

  1. Confidential consultation to understand your goals and the law that applies.
  2. Strategy and records tailored to your situation.
  3. Negotiation or court — we settle when we can and litigate when we must.
  4. Resolution implemented correctly so you can move on.

Because a San Marcos divorce overlaps with related matters, we also help with an uncontested filing, protecting significant assets, and parenting and custody rights — see how we handle contested divorce cases.

Frequently asked questions

Will a contested divorce in San Marcos have to go to trial?

Not usually. Most Hays County divorces resolve through negotiation or mediation even when they start out contested. Trial is the backstop for when the other side will not deal fairly.

What if my spouse and I disagree about the house?

The marital home is a common flashpoint. Options range from one spouse buying out the other to selling and splitting the proceeds; the right answer depends on equity, the mortgage, and where the children will live.

Do I have to travel to Austin from San Marcos?

No. Our office is about 30 miles north up I-35, and we handle San Marcos consultations and updates by phone and video.

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