Family Law Attorney
Spring, Texas
We represent families across Spring in divorce, high-asset divorce, child custody, child support, and every family law matter. Because Spring straddles both Montgomery and Harris County, we practice in each — and can tell you right away which court will hear your case.
Experienced Family Law Representation for Spring Families — Divorce, Child Custody & High-Asset Cases
Spring is one of the largest unincorporated communities in Texas — and one of the most unusual from a legal standpoint. Because Spring sits astride the line between Montgomery County and Harris County, the county where your case is filed and heard comes down entirely to your address. Roughly 60% of Spring residents live on the Harris County side; about 40% fall in Montgomery County. We handle cases in the courts of both counties and can pin down the correct venue at your very first consultation.
Spring is also home to a deep bench of professionals, dual-income households, and families with meaningful financial lives. When a marriage ends here, the stakes are real — retirement accounts, business interests, executive compensation, investment property, and closely held assets all call for careful strategy under Texas community property law.
Our firm represents Spring families in divorce, child custody, child support, property division, and prenuptial agreements. Our office is in downtown Conroe — and we appear regularly in the Montgomery County courts as well as the Harris County family courts in Houston.
- High-asset & complex divorce
- Contested & uncontested divorce
- Child custody & conservatorship
- Child support — establishment & modification
- Division of marital property
- 401(k), 403(b), IRA & pension division
- Business valuation & division
- Spousal maintenance
- Prenuptial agreements
- Adoption
Spring Spans Two Counties — Your Address Determines Your Court
Spring is an unincorporated community with no city limits — and it straddles the Montgomery–Harris County line. Depending purely on where you live, your family law case could land in Conroe or in Houston. We practice in both.
If your address sits on the Montgomery County side of Spring — including zip codes such as 77386 and parts of 77389 — your divorce or custody case is filed with the Montgomery County District Clerk and heard in Conroe. Our office is in downtown Conroe, steps from that courthouse.
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418th Judicial District Court
410th Judicial District Court
County Court at Law No. 3
If your address sits on the Harris County side of Spring — including zip codes such as 77373, 77379, 77380, and parts of 77388 — your case is filed with the Harris County District Clerk and heard in one of the Harris County family courts in Houston. We appear in all of them.
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245th Judicial District Court
246th Judicial District Court
247th Judicial District Court
257th Judicial District Court
308th Judicial District Court
309th Judicial District Court
310th Judicial District Court
311th Judicial District Court
312th Judicial District Court
507th Judicial District Court
Not sure which county you’re in? Call us. We can pin down your correct venue in minutes — and it matters from day one. Filing in the wrong county costs you time and money.
Free Consultation →What Happens to Your Assets in a Texas Divorce
Spring divorces often carry real financial complexity. Here is how Texas law approaches the assets most commonly on the table.
Retirement accounts built up during the marriage are generally community property in Texas — but they can’t be split like a bank account. Dividing a 401(k), 403(b), or pension takes a Qualified Domestic Relations Order (QDRO), a separate court order sent straight to the plan administrator. IRAs use a transfer incident to divorce. Early withdrawal triggers taxes and a 10% penalty.
Stock options, restricted stock units (RSUs), deferred compensation, and executive bonuses are some of the most contested assets in Texas divorces. Whether they’re community or separate property turns on when they were granted and when they vest — not simply when they were received. Texas courts apply apportionment formulas.
If a business was started or grew during the marriage, it may be partly or wholly community property. Texas courts rarely force a sale — they usually award the business to one spouse and use other marital assets to offset the other’s share. Valuation and separate-versus-community characterization are the big contested areas.
Real property bought during the marriage with community funds is community property, subject to just and right division. Separate-property claims require proof — the burden falls entirely on the spouse claiming it. Community dollars put into a separate-property home can create reimbursement claims.
Vehicles — luxury cars, RVs, boats, and collector automobiles — are marital assets when bought with community funds. High-value vehicles slip through settlement talks all the time, especially when one spouse drives a company vehicle or a collector car has appreciated.
For Spring residents marrying with significant assets, a business interest, or a substantial income, a prenuptial agreement is one of the most straightforward planning tools available. A properly drafted Texas prenup defines what stays separate property and can cap spousal-maintenance claims.
“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 mistake 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 directly 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 comes with its own procedural 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
Child Custody & Conservatorship for Spring Families
Texas applies the best interest of the child standard in every custody decision. Here is how the courts approach conservatorship, possession, and parental rights for Spring families in both Montgomery and Harris County.
Every custody decision in Texas is governed by the best interest of the child standard. Courts weigh each parent’s involvement, home stability, the child’s relationships, any history of family violence or substance abuse, and — for children 12 and older — the child’s own stated preference.
Texas courts presume that joint managing conservatorship — both parents sharing rights and duties — serves the child’s best interest. One parent is designated to set the primary residence; the other receives a possession schedule and keeps most parental rights.
Courts often restrict the child’s primary residence to certain counties. Montgomery County cases typically limit it to Montgomery and contiguous counties, while Harris County courts apply their own limits. Moving outside the restriction without court approval violates the order.
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. That distinction matters enormously and is often misunderstood.
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. It 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 kick in 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
- Can be addressed in mediation or at final trial
When parents live more than 100 miles apart, a different 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 visits are not included in the over-100-mile schedule
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 more — 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. Above that line, courts can order more based on the child’s proven needs. They can also depart from the guidelines when the paying parent supports children in more than one household or when a child has special needs.
Child support doesn’t end automatically. In Texas, the obligation generally runs until the child turns 18 or graduates from high school — whichever comes later.
If your income changes significantly, you have to file a petition to modify — just cutting or stopping payments on your own is a violation that exposes you to enforcement, contempt, and accumulated arrearages with interest.
Spring Family Law — What Sets Our Firm Apart
Spring’s split-county geography is a wrinkle most firms don’t deal with daily. We appear in the Montgomery County courts in Conroe and in all ten Harris County family courts in Houston — and we identify your correct venue at the first consultation.
Executive compensation, retirement accounts, business interests, real property, and investment assets — the financial complexity of Spring-area divorces takes more than general family law knowledge. We handle all of it.
From the Standard Possession Order to the Expanded SPO election, geographic restrictions, and modification petitions — we build custody strategies around your child’s actual life and your parental rights.
You work directly with your attorney — not a paralegal or associate. Your calls are returned and your questions answered by the attorney handling your case from start to finish.
Litigation is sometimes necessary — but it’s 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 Spring divorce 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 — in either Montgomery or Harris County. Free consultation to confirm eligibility.
Speak With a Family Law Attorney Serving Spring, TX
We represent Spring families in both Montgomery and Harris County courts. Free consultations available — including help figuring out which court handles your case.
(936) 298-8000Family Law FAQ — Spring, Texas
Divorce in Spring, TX
How Texas divorce works and what to expect in both county courts.
Texas requires a mandatory 60-day waiting period from the date of filing regardless of county. From there:
- Uncontested (no children): 60–90 days after filing
- Uncontested (with children): 60–120 days
- Contested — moderate complexity: 6–12 months
- High-asset or highly contested: 12 months to 2+ years
Harris County courts and Montgomery County courts have different docket speeds and local rules. We set realistic expectations based on which court your case is assigned to.
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.
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 of a 401(k), 403(b), or pension accumulated during the marriage is generally community property in Texas. But dividing it requires a Qualified Domestic Relations Order (QDRO) — a separate court order sent directly to the retirement plan administrator. Without a QDRO, the administrator cannot legally divide the account. IRAs are divided through a transfer incident to divorce.
Child Custody in Spring, TX
How Texas courts decide conservatorship and possession for Spring families.
Texas courts apply the best interest of the child standard. Factors include 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, and — for children 12 and older — the child’s expressed preference. Texas law is gender-neutral.
Yes. Texas law explicitly prohibits courts from applying any gender preference in custody decisions. A father can be designated as the parent with the right to establish primary residence if the evidence supports that outcome. The analysis focuses on each parent’s involvement, stability, and ability to meet the child’s needs.
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 when transfers occur: 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.
No. Under TFC §153.3171, the noncustodial parent must make a written election for the Expanded SPO at the time of the final order or within 30 days of the order being signed. If the election is not made in time, the Standard SPO governs — and changing it requires going back to court.
Child Support in Texas
How the guidelines work, when courts deviate, and what happens when circumstances change.
Texas child support is calculated 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%. The guidelines apply to the first $9,200 in monthly net resources.
A significant income change is one of the most common grounds for a child support modification. However, simply reducing or stopping payments without a court order is a violation — subject to enforcement, contempt, and accumulated arrearages with interest. Courts do not retroactively reduce support for periods before the modification petition was filed. Contact an attorney immediately if your income has changed.
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 requiring ongoing support, 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.
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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.