General

✅ What should I gather for a consultation?
We’re happy to send you an intake form to complete prior to your consultation. If you return the completed intake beforehand, I’ll review it in advance so we can use our time more efficiently and focus on your goals. If you already have a case pending, please gather any pleadings, court orders, or related documents and feel free to send those to us before your consultation as well.

✅ How much will this cost?
The cost depends on the complexity of your case and how cooperative the other party is. We’ll discuss fees and retainer information during your consultation so you know what to expect.

Modifications

✅ Can I modify child custody after a court order?
Yes, but you must prove a material and substantial change in circumstances that warrants the modification. 

✅ What is a "material and substantial change in circumstances"?
In Texas, you must show a material and substantial change in circumstances to modify a court order involving child custody, visitation, or support. This legal standard is meant to ensure that modifications are based on significant, lasting changes – not minor inconveniences or short-term situations.

✅ What qualifies as a "material and substantial change in circumstances"?
The term isn’t explicitly defined in our Family Code, but Texas courts have recognized many examples. Whether something qualifies depends on the specific facts of your case, but common changes include:

For custody or visitation:

• One parent relocates or plans to move 
• A parent’s work schedule changes, affecting the child or the parent's availability to exercise parenting time
• The child is struggling emotionally or academically due to the current arrangement
• A parent is not exercising visitation or is interfering with the other parent's time
• A parent remarries or introduces a new partner into the home
• Concerns about the child’s physical safety or emotional well-being arise
• A parent develops substance abuse issues or engages in criminal behavior
• The child’s needs, health, or school situation changes significantly
• The child (especially if the child is age 12 or older) expresses a desire to live primarily with the other parent

For child support:

• A parent’s income significantly increases or decreases
• A parent has lost a job or changed jobs
• The child develops special medical, educational, or other needs
• A parent has new children to support 
• It’s been at least 3 years since the last child support order, and the amount would differ by at least 20% or $100 under current guidelines in the Texas Family Code

✅ What if I'm not sure whether the change qualifies?
That’s where we come in. We’ll review your situation and help you determine whether the change is likely to meet the legal threshold. If it does, we’ll file the appropriate modification request and present your case to the court. If it doesn't, we’ll explain why and discuss your options – whether that means waiting until the change becomes more significant, gathering additional documentation, or pursuing a different legal strategy such as enforcement. 

✅ Can I modify child custody after a court order?
Yes, but you must prove a material and substantial change in circumstances that warrants the modification. 

Divorce

✅ How long does a divorce take in Texas?
Each divorce case is different, but Texas law requires a minimum 60-day waiting period after filing. It's rare for a divorce to finalize that quickly unless both parties are already in full agreement before I’m retained – or shortly thereafter. 

For uncontested divorces, the process typically takes 2 to 4 months. For contested cases, it usually takes 6 months to 2 years, though highly contested or complex divorces can take even longer. The overall timeline depends on factors like the complexity of the issues, the level of conflict, attorney and court schedules, and how quickly parties can reach resolution.

✅ How can I protect my finances during a divorce? 
Gather documentation of all assets, debts, income, and expenses. Avoid making large financial moves without legal advice. If you suspect your spouse is hiding assets or mismanaging funds, we can take legal steps to investigate and preserve your financial interests.

✅ What if my spouse is a narcissist or extremely high-conflict?
We have experience handling high-conflict personalities. In such cases, we often recommend structured communication tools (like OurFamilyWizard), detailed orders, and strategies to protect your time, finances, and emotional well-being. You’ll need an advocate who understands the dynamics and isn’t afraid to stand firm. 

✅ What if my spouse refuses to participate in the divorce process? 
If your spouse doesn’t respond after being properly served, you may still be able to proceed with a default judgment. However, it’s critical that every procedural step is handled precisely. We ensure all legal requirements are met to protect the validity of your judgment and minimize your spouse’s ability to later challenge or undo the court’s decision.

✅ What is characterization in a divorce?
Characterization refers to the process of determining whether an asset is community property, separate property, or a mix of both (known as mixed-character property). This step is critical in divorce because it directly affects how property is divided.

• Community Property usually includes most assets and income acquired during the marriage and is subject to division in a divorce.
• Separate Property includes property owned before marriage, as well as certain types of property acquired during marriage—like gifts, inheritances, or personal injury settlements. Separate property is not divided in a divorce.
• Mixed-Character Property happens when separate and community funds are combined – such as when a home purchased before the marriage is paid down with community income during the marriage.

Because Texas law requires a spouse claiming separate property to prove it by clear and convincing evidence, it’s important to have documentation, records, and sometimes expert analysis (like a forensic accountant) to support those claims.

✅ Is everything acquired during the marriage automatically community property?
In Texas, the law presumes that all property obtained during the marriage is community property unless proven otherwise. If you believe an asset is your separate property, you must provide clear and convincing evidence to overcome that presumption.

✅ How is community property divided in Texas?
Texas is a community property state, but that does not mean a 50/50 split is automatic. The court divides community assets in a way that is “just and right,” which may consider things like earning capacity, fault in the breakup, and who will have primary custody of the children.

✅ Can my spouse claim part of my separate property?
Not unless community funds were used to improve or pay down that property – this is called a reimbursement claim. In such cases, your spouse may not be entitled to the asset itself, but could be entitled to some reimbursement.

High-Conflict Divorce

✅ What if my spouse is a narcissist or extremely high-conflict?
We have experience handling high-conflict personalities. You’ll need an advocate who understands the dynamics and isn’t afraid to stand firm. 

✅ How do you handle divorces involving a narcissistic or manipulative spouse?
We use proven strategies to manage high-conflict personalities, including detailed court orders, limited communication tools (like OurFamilyWizard), and firm boundaries. Our goal is to protect your peace, keep the case moving forward, and prevent your spouse from using the process to create chaos.

✅ Can we avoid court even if the other party is difficult?
Sometimes, yes. Mediation can still work in high-conflict cases if properly timed, structured carefully, and led by a skilled mediator. If your spouse refuses to cooperate, we’re fully prepared to litigate and ask the court for appropriate relief.

✅ How do you protect clients from harassment during divorce?
We can request protective orders, no-contact provisions, or restrictions on communication if harassment, stalking, or threats occur when appropriate. Courts take these behaviors seriously, especially when children are involved.

✅ Will the court recognize my spouse's abusive or manipulative behavior?
Texas courts do consider a party’s conduct – especially if it affects the children or the other party’s safety. We help guide you on how to document patterns of behavior so that we can present evidence clearly and strategically to help the judge understand what’s really happening. 

Complex Divorce

✅ How is a business valued and divided in a Texas divorce?
Business interests are often considered community property, even if one spouse operates the business. We work with financial experts to determine a fair valuation and structure an equitable division – whether that means buyouts, offsets, or shared interests.

✅ What happens if part of our property was inherited or received before the marriage?
Inherited assets and property owned before the marriage may be considered separate property, which is not subject to division. Clear tracing, however, is required to prove that certain assets are separate. We’ll let you know if involving a forensic accountant is necessary to meet the burden of proving separate property by clear and convincing evidence, as required under Texas law.

✅ Can we divide real estate, retirement, and investment accounts fairly without selling them?
Yes. Many property divisions involve creative solutions that allow each spouse to retain specific assets without liquidating them. This might involve offsets, QDROs for retirement accounts, or awarding one spouse a larger share of another asset. 

But you and your spouse will have the most control over the outcome if you’re able to reach an agreement together. If the court decides for you, the division may not align with either party’s preferences. We can help facilitate this even in high-conflict situations. 

✅ What if I think my spouse is hiding assets?
We can conduct discovery, including subpoenas and depositions, to uncover hidden income or property. When necessary, we also work with forensic accountants to ensure transparency and fairness in the division.

✅ Are trust assets or income considered community property?
It depends. Some trusts are considered a spouse’s separate property or even entirely outside the marital estate. Others may have income or assets that are subject to division – especially if community funds were contributed or if distributions were regularly used during the marriage.

✅ What does my attorney need to evaluate a trust?
To analyze whether trust income or assets are subject to division, we’ll need the following:

• Information about when the trust was created and how it was funded
• A copy of the trust document (and any amendments)
• Tax documents like K-1s and trust returns
• Records of any distributions made during the marriage
• Statements or documentation of trust assets
• Any evidence showing whether the spouse had control or access to the trust

Premarital and Postmarital Agreements

✅ What is a premarital agreement?
A premarital (or prenuptial) agreement is a written contract entered into by two people before they get married. It outlines how property, income, and debts will be managed during the marriage and divided in the event of divorce or death. It can also address a wide range of other matters, including business interests, financial responsibilities, and even personal expectations or agreed-upon consequences if certain terms aren’t followed during the marriage.

✅ Can a premarital agreement include personal expectations or consequences?
Yes, many couples include clauses in their premarital agreements that go beyond finances. While Texas courts focus primarily on enforceable financial terms, couples can still agree in writing to certain expectations or consequences that matter to them personally.

Here are a few examples:

• Infidelity clauses: One spouse may agree to pay a financial penalty or forfeit certain assets if they engage in adultery.
• Spending limits: Couples may set rules for major purchases, like agreeing not to spend over a certain amount without the other’s consent.
• Debt responsibility: Agreements can clarify who is responsible for premarital or future debt, especially if one spouse has significant student loans or credit card debt.
• Savings goals or investment rules: Spouses may agree to contribute specific amounts to savings or retirement accounts.
• Support for stay-at-home parenting: The agreement can include provisions for compensating a spouse who leaves the workforce to raise children.

While some lifestyle clauses may not be enforceable in court (like those involving chores or intimacy), they can still serve as a useful framework for open communication and mutual understanding.

✅ What is a premarital agreement?
Why would a couple sign a postmarital agreement? Common reasons include:

• Reaffirming or redefining property rights
• Protecting a business or inheritance
• Addressing financial concerns after a major event (infidelity, reconciliation, or financial mismanagement)
• Planning for estate or tax purposes
• Changing the terms of a prior premarital agreement

✅ Are postmarital agreements enforceable in Texas?
Yes, but they must meet strict legal requirements. Like premarital agreements, they must be in writing, signed voluntarily, and include fair and full disclosure of each spouse’s assets and liabilities.

✅ Can community property be converted to separate property?
Yes, Texas allows spouses to agree in writing to convert community property into separate property or vice versa. This can be useful in second marriages, blended families, or when one spouse wants to protect future growth of an asset.

✅ What’s the difference between a premarital agreement and a postmarital agreement?
The primary difference is timing. A premarital agreements is signed before the marriage. A postmarital agreements is signed after the marriage. Both agreements can cover similar topics, but they must comply with Texas law to be enforceable.

Take the Next Step – Schedule Your Consultation

No matter what family law issue you're facing, we are here to help.

Schedule a consultation today to discuss your case and take the next steps toward protecting your future.