FAQ


General

Do you offer free consultations?

We will certainly try and answer some of your questions over the phone when you first call in. We don’t understand attorneys who won’t even talk to a prospective client before charging them. We want you to know, before you decide to hire us, that our attorney-client relationship will be a good fit.

How do attorneys bill?

In family cases, most attorneys will require that a retainer fee be paid upfront before work begins on a case. At our firm, we then bill out of your retainer using our hourly rate whenever work is done on your case. At the end of your case, we will refund any remaining balance in your retainer back to you. We do not have non-refundable retainer fees.

How are filing fees paid?

When we file pleadings in your case, such as an Original Petition for Divorce or a Petition to Adjudicate Parentage, we pay the filing fee with the Court out of your retainer.

How will the other party receive notice that I’ve filed a case?

The Texas Rules of Civil Procedure require that a party be personally served by an authorized person (such as a private process server or constable) with pleadings in a case. In some situations, the opposing party can sign a Waiver of Service to waive the service requirement and simply acknowledge that he or she has received a copy of the pleadings.

Family

What county will my divorce be filed in?

In Texas, in order to file for divorce, you have to have been a resident of the state for at least six months, and a resident of your present county for at least 90 days. If two spouses live in two different counties, and each has lived in his or her respective county for 90 days, the petition for divorce can be filed in either county. If there are children involved, in general, divorce proceedings need to take place in the county where the children are living.

How long does a divorce take?

A Court in Texas cannot grant your divorce until the original petition has been on file for at least 60 days, except in exceptional circumstances. Agreed divorces can generally be finalized shortly after the 60 days have expired; contested divorces can take much longer, up to a year or more.

Can you represent both me and my spouse in our divorce?

Ethically, an attorney cannot represent both parties to a divorce case as there is a necessarily adversarial relationship between the parties – even if they believe they will come to an agreement on how to handle property and custody issues.

My child wants to live with me. Can she speak to a Judge?

In Texas, a party can file a Motion for Judge to Confer with Child requesting that a judge speak to the child about the child’s wishes as to custody, conservatorship, and so forth. If the child is 12 years old or older, it is mandatory that the Judge speak with the child. However, the child’s requests are not determinative of how the Judge will ultimately rule, as the “best interest” standard prevails.

What if I file for divorce but then my spouse and I reconcile?

If you reconcile during a divorce proceeding, the parties can jointly agree to “nonsuit” the case without prejudice to either party’s right to refile it.

I have a custody order or divorce decree from another state, but now I live in Texas. I want to change the terms of custody, support, or visitation. Do I have to go back to the other state?

Family law is different in every state. Luckily, however, nearly all U.S. states/territories (except Massachusetts and Puerto Rico) have adopted the Uniform Child Custody Jurisdiction and Enforcement Act, which is a uniform body of law designed to deal with interstate custody and support disputes. Per the UCCJEA, once a state court has made a custody determination, that state retains continuing, exclusive jurisdiction over the case until either 1) the court in the original state determines that the child or the child and a parent no longer have a significant connection with the state, and evidence concerning the custody determination is not available in the state OR 2) a court of the state with jurisdiction or any other state determines that the child and both parents or acting parents do not reside in the state any longer. So, to determine where a modification suit may be filed, you need to consider where the child and each parent or acting parent is currently residing.

How is child support calculated?

The Texas Family Code sets forth guidelines for the calculation of child support. Support will be calculated based upon how many children are involved and based upon the income of the obligor (the person paying support). In some circumstances, the Court can consider factors other than just number of children and income, such as the amount of time each parent spends with the child, travel expenses incurred by the obligor to take visitation, and other factors, when calculating the appropriate support amount.

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512-218-9292

3 Convenient Texas Locations to Serve You

Round Rock

ROUND ROCK

Address: 904 East Main Street
Round Rock, Texas 78664
Tel: (512) 218-9292
Fax: (512) 218-9235
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By Appointment Only Lakeway

Address: 2802 Flintrock Trace #285
Austin, TX 78738
Tel: (512)-218-9292
Fax: (512) 218-9235
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By Appointment Only Downtown Austin

DOWNTOWN AUSTIN

Address: Frost Bank Tower
401 Congress Ave. Ste. 1540
Austin, Texas 78701
Tel: (512) 218-9292
Fax: (512) 218-9235
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Serving Central Texas

  • Including counties of:
  • Travis County
  • Williamson County
  • Bastrop County
  • Burnet County
  • Caldwell County
  • Hays County
  • Milam County
  • Bell County