Family Law Attorney
Katy & Fulshear, Texas

Filing in the wrong county creates a jurisdictional problem that eventually forces the case to be transferred or refiled where it belongs — costing time, filing fees, and possibly your case strategy. It ranks among the most preventable mistakes in Katy and Fulshear family law cases. Your family law attorney confirms the county from your home address before anything is filed.

Texas imposes a mandatory 60-day waiting period from filing. Beyond that, the timeline turns on complexity:

• Uncontested (no children): 60–90 days
• Uncontested (with children): 60–120 days
• Contested — moderate complexity: 6–12 months
• High-asset with business, real estate, or retirement accounts: 12 months to 2+ years

Yes. Property gained during the marriage is generally community property subject to a just and right division — not an automatic 50/50 split. Courts weigh earning capacity, the children's needs, fault, and other factors. Separate property — owned before the marriage, received as a gift, or inherited — is not divided, though the spouse claiming it carries the full burden of proof by clear and convincing evidence.

When the home was bought during the marriage with community funds, it is community property subject to a just and right division. Typical outcomes include:

• One spouse buys out the other's equity and keeps the house
• The home is sold and the net proceeds are split
• A deferred sale — usually while the children stay enrolled in Katy ISD or Lamar CISD

Cross Creek Ranch and Cross Creek West matter especially here — they sit across the Katy/Fulshear line. If one spouse put down a separate property down payment, those funds may be traceable — but only with documentation. Community payments toward the mortgage on a separate property home can give rise to reimbursement claims. Your family law attorney spots these issues early.

Energy industry pay earned during the marriage is generally community property. Key issues include:

• RSUs and stock options — how they are characterized turns on the grant date and vesting schedule, not the date received
• Deferred compensation — has to be addressed in the divorce decree or it can be forfeited
• Annual bonuses — those earned during the marriage are community property no matter when they are paid
• Retirement plans — need a QDRO to divide without taxes or penalties

Yes — the share built up during the marriage is generally community property. Dividing it, however, calls for a QDRO — a separate court order delivered straight to the plan administrator. Without that order, the administrator has no legal authority to split the account. An early withdrawal brings income taxes plus a 10% penalty. Your family law attorney manages the QDRO from the divorce decree through plan administrator approval.

Family courts in Harris, Fort Bend, and Waller counties each apply the best interest of the child standard under TFC §153.002 — looking at each parent's day-to-day involvement, the stability of the home, the child's existing relationships, and each parent's willingness to encourage the child's bond with the other parent. For children 12 and older, the court weighs the child's stated preference. Texas law is gender-neutral.

School district designation is one of the most consequential practical issues in Katy and Fulshear custody cases. Katy ISD serves most of Katy; Lamar CISD (Lamar Consolidated ISD) serves Fulshear. Both rank among the most competitive school districts in the Houston area. Key custody issues include:

• The parent given the right to set the child's primary residence controls school enrollment — and therefore which district applies
• When parents live on opposite sides of the Katy ISD / Lamar CISD line, the difference between districts shapes custody strategy
• Geographic restrictions imposed by each county's courts can vary — affecting where a parent may live after the divorce
• A move that would shift the child from Katy ISD to Lamar CISD (or the reverse) generally requires a modification proceeding
• Each district's attendance zones, magnet programs, and feeder patterns can factor into the best-interest analysis

The Expanded Standard Possession Order (ESPO) under TFC §153.317 gives the noncustodial parent considerably more time. Weekend possession starts at school dismissal on Friday instead of 6:00 PM and runs until school resumes Monday morning. Thursday possession likewise begins at school dismissal. Summer can stretch to 42 days. It has to be elected in writing at or within 30 days of the final order — it never applies automatically. Miss that window and you default to the Standard SPO permanently.

Texas child support is figured under TFC §154.125 using guideline percentages of monthly net resources: 1 child — 20%, 2 children — 25%, 3 children — 30%, 4 children — 35%, 5 or more — 40%. Net resources under TFC §154.062 apply to the first $9,200 each month. In high-income cases, courts may order above-guideline support when the child's proven needs exceed the guideline amount.

Bonuses and RSUs that are received count as net resources under TFC §154.062 in the year of receipt. When a parent has substantial variable compensation, courts may average income across a representative period to reach a dependable monthly net resource figure. Your family law attorney assembles the documentation record from the outset of the case to back the correct calculation — whether you are paying or receiving support.

Child support in Texas generally ends when the child turns 18 or graduates from high school — whichever comes later. If the child has a physical or mental disability, support can continue past age 18 under TFC §154.302. The obligation does not stop on its own — the paying parent may have to formally end it through the court to halt wage withholding.