After completing a bachelor of arts in English at the University of Texas, Matthew Obermeier studied law at St. Mary's University School of Law in San Antonio, earning a juris doctor in 2008. Since 2016, Matthew Obermeier has been a partner in Oliva, Saks, Garcia and Curiel, LLP, a Texas-based law firm focusing on real estate litigation and family law.In family law, divorce is one of the most common situations faced by clients. Around 50 percent of marriages end in divorce, affecting a couple’s financial obligations, including student loans. Texas is a community property state, so when couples file for divorce, their assets, as well as their debts, are divided and distributed evenly. However, in the case of student loans, the distribution is dependent on whether the loan is classified as separate property or marital property.The Texas Family Code identifies an asset as separate property if a spouse acquired it as a gift or inheritance, obtained it prior to his or her marriage, or incurred it from a personal injury case during the marriage. Debts are evaluated similarly. For a student loan to qualify as separate property, proof must be presented that the debt existed before the marriage. Otherwise, both spouses will share the debt equally.
Accomplished San Antonio, Texas, attorney Matthew Obermeier possesses a diverse legal background in the areas of real estate, probate, and family law. As a partner for the Texas law firm Oliva, Saks, Garcia & Curiel, LLP, Matthew Obermeier is highly experienced in working with clients going through divorce.In Texas, divorces are considered contested if either party disagrees with how to divide assets, debt liability, or child custody arrangements. While many divorces are initiated as uncontested, disagreements can arise that require the help of an attorney, especially if the divorcing couple has children. In both cases, one party must file a petition of divorce and notify their spouse. In uncontested divorces where both parties agree on all relevant terms, the divorce is generally finalized after a 60-day waiting period by a judge. Contested divorces go through a more prolonged process that includes discovery and pretrial motions. During this period, each party’s attorney will gather evidence to build a case to support the client’s preferred terms. This can be followed by a series of negotiations that can eventually lead to a settlement. If a settlement is not reached, the divorce will be tried before a family law judge.
Matthew Obermeier serves as an attorney at the law offices of Oliva, Saks, Garcia & Curiel, LLP, where he represents clients in the San Antonio area and throughout Texas in real estate, family law, business law, and estate-planning matters. Matthew Obermeier is experienced in helping clients navigate divorce proceedings, which can, in some cases, actually benefit the children involved. Divorce has an impact on children, just as any major life change does. The nature of the impact, however, can depend greatly on the disposition of the parents involved. In cases where the marriage has led to deteriorated happiness of both parents, a divorce can actually be a welcome change for the children. When their parents are able to find greater happiness, children are also more likely to find happiness in their daily lives. Children of divorced parents also benefit from the personalized attention and affection from each parent in arrangements where the non-custodial parent has regular visitation. While the short-term implications for children can be negative, researchers have found that those effects often fade away after two years following the divorce. One of the ways divorced parents can help commit to providing an improved life for their children is by making the commitment not to talk about their disagreements with their ex-spouse with their children, only with a confidant or therapist. By taking steps like this, parents can help cultivate an environment in which their children aren’t negatively affected by the ended marriage.
Matthew Obermeier of San Antonio, Texas, received his JD from St. Mary’s University School of Law. At present, Matthew Obermeier serves as a partner at Texas-based Oliva, Saks, Garcia & Curiel, LLP, which handles a diverse range of legal cases involving real estate transactions, commercial litigation, wills and estates, and family law.A common area of family law in which legal assistance is consulted is cases of divorce between parents with children. Below are some top reasons for divorcing parents to consider having a college support order drafted at the time of their divorce.Parents of children who divorce should consider developing a college support order at the time of settling their divorce since they may be eligible to receive assistance from their former spouse. This order is essential since it may prevent one parent from becoming entirely financially responsible for his or her child’s education.If a college support order is not completed during a divorce settlement, a parent is not legally responsible for paying for his or her child’s college education. However, under certain circumstances, the law may permit a parent to modify his or her existing child support agreement to gain financial assistance from his or her former spouse to be used for his or her child’s college education. To change the terms of a child support order, parents can either undergo the child support review process or present the issue before a court.
