Family Law Attorney
Richmond & Rosenberg, Texas

Texas imposes a mandatory 60-day waiting period that starts on the filing date. After that, how long a case runs comes down to its complexity:

• Uncontested (no children): 60–90 days after filing
• 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. Texas follows community property rules. Assets obtained during the marriage are usually community property subject to a just and right division — and that does not automatically mean 50/50. Courts weigh earning capacity, the children's needs, fault in the breakup, and additional factors. Separate property — owned before the marriage, received as a gift, or inherited — cannot be divided, but it has to be established by clear and convincing evidence.

Real estate bought during the marriage with community funds counts as community property subject to a just and right division. Typical results include:

• One spouse buys out the other's equity and keeps the home — which calls for a refinance and frequently a marital lien
• The home is sold and the net proceeds split
• A deferred sale — usually while the children are still enrolled in school

Separate property down payments can sometimes be traced — but documentation is required. Our firm pinpoints and safeguards tracing evidence early in the case.

Professional and executive pay built up during the marriage is generally community property. The main issues include:

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

When a small business was started or expanded during the marriage, it may be partly or entirely community property. The work involves characterization, valuation, and division. Texas courts seldom order a business sold — instead the business usually goes to one spouse, with matching marital assets used to offset the other's share. Self-employment income from that business also factors into child support calculations under TFC §154.062.

In a Texas divorce, 401(k)s, 403(b)s, and pension plans call for a Qualified Domestic Relations Order (QDRO) so they can be split without setting off taxes or early withdrawal penalties. A QDRO is a standalone court order delivered straight to the retirement plan administrator. IRAs are different — they are divided through a transfer incident to divorce, which carries its own custodian requirements. Overlooking a QDRO after the final decree means going back to court to fix it.

No. Absent a QDRO, the plan administrator has no legal way to split the account between spouses. Trying to withdraw early triggers income taxes plus a 10% federal early withdrawal penalty. The one correct route is a properly drafted QDRO that the plan administrator will accept. Our firm manages the QDRO process from the divorce decree through plan administrator approval.

Fort Bend County family courts use 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 current relationships, each parent's physical and mental health, any record of family violence or substance abuse, and each parent's readiness to encourage the child's bond with the other parent. When a child is 12 or older, that child's stated preference is weighed as well. Texas law is gender-neutral — fathers and mothers are judged on equal footing.

Which school district applies is one of the most consequential practical questions in Richmond and Rosenberg custody cases. Fort Bend ISD covers much of central and eastern Richmond and ranks among the most diverse and well-regarded districts in the Houston metro. Lamar CISD — jointly formed by Richmond and Rosenberg in 1946 — covers Rosenberg and the western portion of Richmond, and is among the fastest-growing districts in Texas. Key custody issues include:

• The parent given the right to establish primary residence controls where the child enrolls — and therefore which district applies
• When parents live on opposite sides of the Fort Bend ISD / Lamar CISD line, the difference between districts shapes custody strategy
• Fort Bend County courts often limit primary residence to Fort Bend County and the counties next to it
• A move that would shift the child from Fort Bend ISD to Lamar CISD (or the reverse) usually requires a modification proceeding
• Each district's attendance zones, magnet programs, and feeder patterns can influence the best-interest analysis

The Expanded Standard Possession Order (ESPO) under TFC §153.317 grants the noncustodial parent considerably more time than the Standard SPO. Weekend possession starts at Friday school dismissal instead of 6:00 PM and runs until school resumes Monday morning. Thursday possession likewise starts at school dismissal. Summer can reach 42 days. The Expanded SPO must be elected in writing at or within 30 days of the final order under TFC §153.3171 — it is not automatic. Our firm handles this election proactively at the time of your final order.

Texas child support is figured under TFC §154.125 using guideline percentages of the paying parent's monthly net resources: 1 child — 20%, 2 children — 25%, 3 children — 30%, 4 children — 35%, 5 or more — 40%. Net resources are defined under TFC §154.062 and cover the first $9,200 in monthly net resources. In high-income Fort Bend County cases, courts may award above-guideline support when the child's proven needs go beyond the guideline amount.

Self-employment income from small businesses, trades, contracting, and agricultural operations is counted in net resources under TFC §154.062. Working out net resources for a self-employed parent takes documentation of business income and allowable deductions. Business expenses, depreciation, and owner distributions each change the result. Courts examine self-employment income closely — reliable documentation from the start of the case is essential. Our firm assembles that record from day one, whether you are the paying or the receiving parent.

Yes. Once the paying parent's net resources climb above $9,200 per month, courts may order extra support tied to the child's proven needs — including educational costs, extracurricular activities, medical care, and the standard of living the child was accustomed to. Our firm assembles the evidentiary record showing the child's actual needs and the paying parent's ability to pay.

In Texas, child support 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 may continue past age 18 under TFC §154.302. It does not stop on its own — the paying parent may need to formally end the obligation through the court to halt wage withholding.