Family Law Attorney
Willis, Texas
We represent families across Willis, New Caney, and northeastern Montgomery County in divorce, child custody, child support, property division, and every family law matter. Every case is heard in Conroe — where we appear regularly.
Family Law Representation for Willis & New Caney Families — Divorce, Child Custody & Property Division
Willis and New Caney show two very different sides of Montgomery County — yet both answer to the same three courts in Conroe. Willis is rooted in the rural north of the county: landowners, ranchers, Lake Conroe-area families, and working households with deep ties to the land. New Caney sits along the fast-growing US 59/69 corridor to the east, one of the quickest-growing communities in Texas, with working families, tradespeople, and households built around the Houston commuter economy.
Every family law case from Willis and New Caney is heard in Conroe at the Montgomery County courthouse — in the 418th, the 410th, or County Court at Law No. 3. Our office is in downtown Conroe, steps from those courts, and we appear in them often enough to know the local rules, procedures, and expectations of each.
We represent families across both communities in divorce, child custody, child support, property division, and prenuptial agreements. Free consultations available.
- Contested & uncontested divorce
- Child custody & conservatorship
- Child support — establishment & modification
- Division of marital property
- Rural land & agricultural property division
- 401(k), 403(b), IRA & pension division
- Business valuation & division
- Spousal maintenance
- Prenuptial agreements
- Adoption
What Happens to Your Assets in a Texas Divorce
Willis-area estates often include rural land, livestock, and Lake Conroe properties. New Caney estates reflect a working-family economy — home equity, vehicles, retirement accounts, and small business interests. Here is how Texas law approaches each.
Rural acreage, timberland, and agricultural tracts bought during the marriage with community funds are community property subject to division. Separate-property claims — pre-marital land, gifts, and inherited acreage — require proof, and the burden falls entirely on the spouse claiming it. Community dollars put toward the mortgage or improvements create reimbursement claims even on separate-property land.
Livestock, farming and ranching equipment, trailers, heavy vehicles, and agricultural leases are marital assets when acquired during the marriage. They’re frequently undervalued or overlooked in settlement talks. We account for all of the tangible agricultural property in the estate — including the assets that never make it onto a typical financial statement.
The marital home, investment properties, and Lake Conroe waterfront homes bought with community funds are community property subject to division. Home equity built during the marriage belongs to both spouses regardless of whose name is on the deed. In New Caney, rapidly rising home values have made property division a central issue in many recent cases.
Retirement accounts built up during the marriage are generally community property — but they can’t just be split at the bank. Dividing a 401(k), 403(b), or pension takes a Qualified Domestic Relations Order (QDRO) — a separate court order sent to the plan administrator. Without one, the plan can’t legally divide the account. IRAs use a different process, and early withdrawal triggers taxes and a 10% penalty.
If a business was started or grew during the marriage, it may be partly or fully community property. In Willis and New Caney, that often means contractor operations, trades businesses, small retail or service shops, and agricultural enterprises. Texas courts seldom force a sale — they award the business to one spouse and even things out with other marital assets.
For anyone marrying with inherited land, a family business, or significant separate property, a prenuptial agreement is one of the most practical planning tools available. A properly drafted Texas prenup defines what stays separate property, limits spousal-maintenance claims, and protects generational assets from division.
“Can I Get Half of My Spouse’s Retirement Account in a Texas Divorce?”
In most cases, yes. Retirement accounts built up during the marriage are community property in Texas and open to division. But the process is more involved than dividing a bank account, and a misstep here has lasting financial consequences.
For 401(k)s, 403(b)s, and pensions, you need a separate court order called a Qualified Domestic Relations Order — a QDRO. It goes straight to the retirement plan administrator with instructions on how to divide the account. Without one, the administrator has no legal authority to split the account between spouses.
IRAs are handled differently — they’re divided through a transfer incident to divorce, which carries its own requirements at the IRA custodian.
We make sure your share of every retirement account is properly identified, documented, and protected — so what the decree awards actually reaches you.
- 401(k) — requires a QDRO; divided per court order to plan administrator
- 403(b) — requires a QDRO; same process as 401(k)
- Pension — requires a QDRO; language must match plan requirements
- IRA — transfer incident to divorce; no QDRO but specific steps required
- Deferred comp — treatment varies; must be addressed in decree language
- Early withdrawal — triggers taxes and 10% penalty; never the right approach
- Missing a QDRO — cannot be corrected after final decree without additional proceedings
Divorce, Child Custody & Child Support in Willis & New Caney, TX
Texas requires a mandatory 60-day waiting period from filing, and uncontested divorces often close soon after. Contested divorces — especially those involving rural land, Lake Conroe property, agricultural operations, or retirement accounts — typically run six months to over a year depending on complexity.
- Contested & uncontested divorce
- Rural & agricultural property division
- Temporary orders & injunctions
- Mediation representation
- Post-divorce modifications
Custody cases for Willis and New Caney families are heard in Conroe at the Montgomery County courts. Texas applies the best interest of the child standard — weighing each parent’s involvement, home stability, and the child’s existing relationships. Willis ISD and New Caney ISD boundaries and rural or suburban living arrangements often factor into local custody cases.
- Joint & sole managing conservatorship
- Possession schedules & geographic restrictions
- Custody modifications
- Emergency custody orders
- Parental alienation matters
Texas child support runs on statutory guideline percentages of the paying parent’s net monthly resources. Self-employment income — from agricultural operations, contracting, and trades businesses common in both communities — counts toward the calculation and often takes careful documentation.
- Child support establishment
- Self-employment income calculation
- Modification petitions
- Enforcement & contempt proceedings
- Medical support obligations
Standard vs. Expanded Possession Order — What Noncustodial Parents Need to Know
Texas gives the noncustodial parent two possession schedule options. Most orders default to the Standard Possession Order — but the Expanded SPO grants significantly more time and has to be affirmatively elected in writing. It’s one of the most frequently missed details in Texas custody cases.
The default schedule when parents live within 100 miles of each other. Transfers happen at 6:00 PM on the first day of possession.
- 1st, 3rd, and 5th weekends — Friday 6:00 PM to Sunday 6:00 PM
- Thursday evenings during the school year — 6:00 PM to 8:00 PM
- Alternating holidays including Thanksgiving, Christmas, spring break
- 30 days of summer possession
- Father’s Day / Mother’s Day weekends
The Expanded SPO gives the noncustodial parent significantly more time — transfers begin at school dismissal, not 6:00 PM. Must be elected in writing.
- Weekend possession begins at school dismissal Friday — not 6:00 PM
- Weekend possession ends when school resumes Monday morning
- Thursday possession begins at school dismissal — ends at school resumption Friday
- Summer possession may extend to 42 days
- Must be elected in writing at or within 30 days of the final order
The Expanded SPO doesn’t apply automatically. The noncustodial parent must make a written election at the time of the final order or within 30 days of it being signed. Miss that window and you default to the Standard SPO.
- Election must be in writing
- Must be made at or within 30 days of the final order
- Applies going forward — not retroactively
- Should be addressed in mediation or at final trial
When parents live more than 100 miles apart, a different possession schedule applies. The noncustodial parent receives:
- One weekend per month of their choice with 14 days’ notice
- Spring break in alternating years
- Extended summer possession — up to 42 days
- Alternating holidays
- Thursday evening visits are not included
How Much Will I Pay — or Receive — in Child Support in Texas?
TFC §154.125 & §154.062Texas child support runs on statutory guideline percentages of the paying parent’s monthly net resources under Texas Family Code §154.125. Net resources are defined in TFC §154.062 and include wages, salary, commissions, overtime, self-employment income, rental income, and other sources — after deductions for Social Security taxes, federal income tax, union dues, and the child’s health insurance.
The guidelines apply to the first $9,200 in monthly net resources. For families with self-employment income — from agricultural operations, contracting, and small businesses — the net-resource calculation takes careful documentation of business income and allowable deductions, and courts scrutinize that income closely.
Child support doesn’t end automatically. In Texas, the obligation generally runs until the child turns 18 or graduates from high school — whichever is later. If your income changes significantly, you have to file a petition to modify — cutting or stopping payments on your own is a violation subject to enforcement and contempt.
Willis & New Caney Family Law — What Sets Our Firm Apart
Our office is in Conroe — the same courthouse where your case is filed and decided. We appear regularly in the 418th, 410th, and County Court at Law No. 3. That familiarity is a daily reality of our practice — not a marketing claim.
Acreage, Lake Conroe waterfront property, livestock, farm equipment, and agricultural operations — Willis-area estates need an attorney who understands how Texas law treats these assets and how to value and divide them correctly.
From the Standard Possession Order to the Expanded SPO election, Willis ISD and New Caney ISD enrollment questions, geographic restrictions, and modification petitions — we build custody strategies around your child’s actual life and your parental rights.
Family law isn’t a sideline here — it’s the whole practice. That means focused, dedicated attention, not a generalist juggling several practice areas alongside your divorce.
Litigation is sometimes necessary — but rarely the most efficient path. We give you a candid read on your options, likely outcomes, and costs before you commit to a strategy.
Flat-fee uncontested divorce through our uncontested divorce service for qualifying cases. Transparent hourly billing for contested matters. And a free consultation before you commit.
Not every divorce in Willis or New Caney is a fight. If you and your spouse have reached full agreement on property, children, and support, you may qualify for our flat-fee, attorney-guided divorce through our uncontested divorce service. A licensed attorney handles every step from filing through final decree at a predictable flat fee. Free consultation to confirm eligibility.
Speak With a Family Law Attorney Serving Willis & New Caney, TX
Our office is in Conroe — minutes from Willis and New Caney and steps from the Montgomery County courthouse where your case will be decided. Free consultations available for every family law matter.
(936) 298-8000Family Law FAQ — Willis & New Caney, Texas
Divorce in Willis & New Caney, TX
How Texas divorce works and what to expect in Montgomery County courts.
Texas requires a mandatory 60-day waiting period from the date of filing. From there, timeline depends on whether the case is contested:
- Uncontested (no children): 60–90 days after filing
- Uncontested (with children): 60–120 days
- Contested — moderate complexity: 6–12 months
- Contested with rural land, agricultural, or business assets: 12 months to 2+ years
Yes. Property acquired during the marriage is generally community property in Texas, subject to division in a just and right manner — not automatically 50/50. Separate property — owned before marriage, received as a gift, or inherited — is not subject to division. The claiming spouse bears the full burden of proof. Community contributions to separate property can create reimbursement claims.
Property Division in Willis & New Caney, TX
How Texas divides rural land, livestock, agricultural assets, homes, and other property.
Real property purchased during the marriage with community funds is community property subject to just and right division. In Willis, this frequently includes rural acreage, timberland, ranches, and Lake Conroe area properties. Common outcomes include one spouse buying out the other’s equity, a sale with proceeds divided, or a deferred sale. If one spouse owned the property before marriage or inherited it, it may be separate property — but that spouse must prove it.
Livestock, farming and ranching equipment, trailers, ATVs, and agricultural assets acquired during the marriage are community property subject to division. These assets require accurate valuation — livestock market values fluctuate, and equipment depreciates at different rates. They are frequently undervalued or overlooked in settlement negotiations. Agricultural leases, grazing rights, and crop contracts may also have value that needs to be addressed in the divorce decree.
Retirement Accounts & QDROs
How 401(k)s, pensions, and IRAs are divided — and why most people have never heard of a QDRO until they need one.
Yes — the portion accumulated during the marriage is generally community property. But dividing it requires a Qualified Domestic Relations Order (QDRO). Without one, the administrator cannot legally divide the account.
- 401(k) and 403(b): Require a QDRO
- Pensions: Require a QDRO with plan-specific language
- IRAs: Divided through a transfer incident to divorce — no QDRO required but specific steps apply
- Early withdrawal: Triggers income taxes and a 10% federal penalty — never the right approach
Child Custody in Willis & New Caney, TX
How Montgomery County courts decide custody for Willis and New Caney families.
Montgomery County family courts apply the best interest of the child standard under TFC §153.002. Courts evaluate each parent’s day-to-day involvement, home stability, the child’s existing relationships, each parent’s health, any history of family violence or substance abuse, each parent’s willingness to support the child’s relationship with the other parent, and — for children 12 and older — the child’s expressed preference. Texas law is gender-neutral.
Montgomery County courts commonly restrict the child’s primary residence to Montgomery County and contiguous counties — Harris, Walker, San Jacinto, Waller, and Grimes. This prevents the primary parent from relocating the child outside that area without a court modification order or the other parent’s written consent. Violating a geographic restriction is grounds for an enforcement action and can support a modification petition.
Possession Schedule — SPO vs. Expanded SPO
The difference between the Standard and Expanded Possession Order — and why the election timing matters.
The Expanded Standard Possession Order (ESPO) under TFC §153.317 gives the noncustodial parent significantly more time. The key difference is transfer timing: the Standard SPO begins Friday at 6:00 PM; the Expanded SPO begins at school dismissal Friday and ends when school resumes Monday morning. Summer possession may extend to 42 days. The Expanded SPO must be elected in writing at or within 30 days of the final order under TFC §153.3171 — it does not apply automatically.
Child Support in Texas
How the guidelines work, how self-employment income is handled, and what happens when circumstances change.
Texas child support is calculated under TFC §154.125: 1 child — 20%; 2 children — 25%; 3 children — 30%; 4 children — 35%; 5 or more — 40% of monthly net resources. Guidelines apply to the first $9,200/mo in net resources.
Self-employment income — including income from agricultural operations, ranching, contracting, and trades businesses — is included in net resources under TFC §154.062. Calculating net resources for a self-employed parent is more complex than for a salaried employee. Business expenses, depreciation, and owner distributions all affect the calculation. Courts scrutinize self-employment income carefully — accurate documentation of income and allowable expenses is critical from the beginning of the case.
Child support in Texas typically ends when the child turns 18 or graduates from high school — whichever occurs later. If the child has a physical or mental disability, the obligation may continue beyond age 18 under TFC §154.302. Support does not end automatically — the paying parent may need to formally terminate the obligation through the court to stop wage withholding.
What Our Clients Say
Meet Our Team at the Law Office of Keith Phillips
Keith became a licensed mediator in 2020, and that perspective shapes how he approaches every case — focused on practical, efficient resolution while fully prepared to litigate when necessary. He is a father of five.
Behind the scenes, Kaitlyn is the one making sure nothing falls through the cracks — preparing documents, coordinating discovery, and tracking every deadline — so clients can focus on their families while she handles the details. What clients remember most is simply how heard she made them feel.
Family Law
Family Law Overview Divorce Uncontested Divorce Child Custody Child Support Property Division Spousal Maintenance Prenuptial Agreements Grandparents' Rights Adoption PaternityOur Firm
About Us FAQ Blog Contact UsOffice Hours
Mon–Fri: 8:30 AM – 5:00 PM Sat–Sun: By AppointmentMontgomery County
Conroe The Woodlands Spring Shenandoah / Oak Ridge North Magnolia / Montgomery Willis / New CaneyDivorce
Divorce — Conroe Divorce — HoustonCopyright © Law Office of Keith Phillips · All Rights Reserved
Attorney advertising. Law Office of Keith Phillips is a Texas law firm. The information on this website is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Prior results do not guarantee similar outcomes. Keith Phillips (TX Bar 2016) is the attorney responsible for this content.