At DIAZ JAKOB, LLC, Attorneys at Law, our clients come first.  Every client is treated with courtesy, respect, and the highest level of professionalism.  We strive to provide a caring legal environment, with compassion and understanding, while effectively protecting and advocating for your position.

DIAZ JAKOB, LLC has the broad legal knowledge as well as the practical court room experience to handle virtually all of your legal needs.  No matter whether you're involved in civil or criminal litigation, or in a family or probate law matter, or perhaps you need wise counsel for a business deal or dispute, at DIAZ JAKOB, LLC we have the resources, the commitment and the experience necessary to achieve success for our clients.  We use cutting edge technologies that allow us to respond quickly, and to give our clients the most relevant information, a sound perspective, and the winning edge.  That's why DIAZ JAKOB, LLC is the "One Firm You Need to Know!"

Our consistent track record of uncompromising ethics and achievement instills confidence and trust in our clients and peers, which has helped DIAZ JAKOB, LLC achieve Martindale-Hubbell's highest Peer Review Rating (AV) for legal ability and ethical standards.  It is not surprising that the majority of the attorneys in our firm have been selected by their peers in the San Antonio legal community for the list of "The Best Lawyers in S.A." published annually by the "Scene in SA Magazine."

Contact DIAZ JAKOB, LLC today if you or a loved one needs legal assistance with any of the following:

• Divorce
• Child Custody
• Child Support
• Child Visitation
• Spousal Support (Alimony)
• Adoption
• Mediation
• Arbitration
• Property and Debt Division
• Prenuptial Agreements

If you or a loved one is involved in a divorce or child custody case and you need the help of an experienced San Antonio, Texas family lawyer, call Diaz Jakob, LLC today at 210-255-3143, or complete the contact form provided on this site to arrange your free initial consultation.

Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody, and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences for you and for their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.

For over 20 years, these so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children. While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic was lost forever.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, usually the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for a significant portion of the marriage.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own needs.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner. This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement. The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state. Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support. A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support. Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

If you or a loved one is involved in a divorce or child custody case and you need the help of an experienced San Antonio, Texas family attorney, call Diaz Jakob, LLC today at 210-255-3143, or complete the contact form provided on this site to arrange your free initial consultation.

 Professional Profile

If you or someone you love needs the assistance of an experienced San Antonio, Texas family law attorney, call Diaz Jakob, LLC today at 210-255-3143, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Diaz Jakob, LLC
115 East Travis St. Suite 333
San Antonio, TX 78205
Phone: 210-255-3143
Hours: M-F, 8:00AM-5:00PM



Attorney Jason J. Jakob

• Jurisdictions Attorney is Licensed in: Texas, admitted to practice before all texas Courts and the U.S. District Court for the Western District of Texas.
• Date Admitted to the Bar: 2006
• Colleges Attended, Degree & Year Graduated: University of Houston Law Center, J.D. 2004; University of Texas at San Antonio, B.A., Political Science (Magna Cum Laude) 2002.
• Professional Memberships & Achievements: State Bar of Texas, Member; Texas City Attorney's Association; American Bar Association, Member; San Antonio Bar Association, Member;  Golden Key National Honors Society, Inductee; Phi Alpha Delta Law Fraternity; Listed by "Scene in SA Magazine" as one of San Antonio's Best Lawyers 2009-2010.

Attorney O. Rene Diaz

• Jurisdictions Attorney is Licensed in: Texas, The United States District Court, Western District of Texas, Northern District of Texas, Southern District of Texas.
• Date Admitted to the Bar: 1991
• Colleges Attended, Degree & Year Graduated: Regent University, J.D. 1990; Regent University, Master of Arts, Public Policy 1990; University of Virginia, Bachelor of Arts, International Relations and Latin American Studies 1985.
• Professional Memberships & Achievements: Admitted to practice before all Texas Courts and the U.S. District Court for the Western, Northern, and Southern Districts of Texas; Member of the Alternative Dispute Resolution, Litigation and Family Law Sections; San Antonio Bar Association Member; Continuing Legal Education Committee, Chair 2006-2007, Co-Chair 2005-2006; The College of the State Bar of Texas, Member; Texas Mediator Credentializing Association; Texas Association of Mediators, Member; William S. Sessions American Inns of Court, Master Member; Texas Bar Foundation and San Antonio Bar Foundation, Fellow; The Mexican-American Bar Association, Member; Listed by "Scene in SA Magazine: as one of San Antonio's Best Lawyer 2007-2010.
• Foreign Languages Spoken: Spanish and Portuguese