Family Law Attorney
Tomball, Texas

Texas imposes a required 60-day waiting period that begins the day you file. After that, how long the case runs depends on whether it is contested:

• Uncontested (no children): roughly 60–90 days after filing
• Uncontested (with children): about 60–120 days
• Contested — moderate complexity: typically 6–12 months
• Contested with business, rural property, or complex assets: 12 months to 2+ years

Yes. In Texas, property gained during the marriage is usually community property, divided in a just and right manner — not split 50/50 by default. Judges weigh each spouse's earning capacity, the children's needs, fault in the breakup, and other factors. Separate property — owned before the marriage, received as a gift, or inherited — stays out of the division, though the spouse claiming it carries the full burden of proof.

When a small business is started or expands during the marriage, it can be partly or entirely community property. The steps involve:

• Characterization — is it separate property, community property, or a mix?
• Valuation — what is it worth? Expert review of financials and goodwill is needed
• Division — Texas courts seldom order a sale; the business usually goes to one spouse while equivalent assets offset the other's share

Self-employment income from the business also factors into child support calculations under TFC §154.062 and calls for careful documentation.

Energy industry compensation built up during the marriage is generally community property. The main issues include:

• RSUs and stock options — how they are characterized turns on the grant date and vesting schedule, not merely when they arrive
• Deferred compensation — has to be spelled out in the divorce decree language
• Bonuses — those earned during the marriage are community property no matter when they are paid
• Retirement plans — need a QDRO so they can be split without triggering taxes or penalties

Yes — the share built up during the marriage is generally community property. Dividing it, however, calls for a Qualified Domestic Relations Order (QDRO) — a separate court order sent to the plan administrator. Without one, the administrator has no legal authority to split 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 needed but specific steps apply
• Early withdrawal: Triggers income taxes and a 10% federal penalty — never the right approach

Overlooking a QDRO once the final decree is entered forces additional court proceedings and can cost you your share entirely.

Harris County family courts decide under the best interest of the child standard set out in TFC §153.002. They look at each parent's day-to-day involvement, the stability of the home, the child's existing relationships, each parent's physical and mental health, any record of family violence or substance abuse, and each parent's willingness to encourage the child's bond with the other parent. Once a child is 12 or older, that child's stated preference is weighed as well. Texas law treats fathers and mothers equally — the standard is gender-neutral.

Tomball ISD ranks among the most respected school districts in the Houston area. In custody cases, the parent given the right to set the child's primary residence decides which school the child attends. As long as both parents stay inside Tomball ISD boundaries, enrollment tends to draw less dispute — but once a geographic restriction is in place and one parent seeks to relocate, Tomball ISD boundaries turn into a central factor in modification proceedings. Harris County courts routinely limit primary residence to Harris County and contiguous counties.

The Expanded Standard Possession Order (ESPO) under TFC §153.317 hands the noncustodial parent significantly more time:

• Standard SPO: Weekend possession begins Friday at 6:00 PM
• Expanded SPO: Weekend possession begins at school dismissal Friday — ends when school resumes Monday morning
• Thursday possession begins at school dismissal and ends at school resumption Friday 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 — missing that window means defaulting to the Standard SPO.

Texas figures child support under TFC §154.125 by applying guideline percentages to 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 apply to the first $9,200 in monthly net resources.

Self-employment income from small businesses, contracting, and agricultural operations counts toward net resources under TFC §154.062. Working out net resources for a self-employed parent is trickier than for a salaried worker — business expenses, depreciation, and owner distributions each shift the figure. Courts examine self-employment income closely, and both sides may offer evidence on the correct calculation. Keeping accurate documentation from the outset of the case is essential.

Child support in Texas usually ends when the child turns 18 or graduates from high school — whichever comes later. If the child has a physical or mental disability, the obligation can extend beyond age 18 under TFC §154.302. It does not end automatically — the paying parent may need to formally terminate the obligation through the court to stop wage withholding.