Family Law Attorney
Humble, Texas

Texas imposes a mandatory 60-day waiting period that begins on the filing date. After that, the timeline depends on whether the case is contested:

• Uncontested (no children): 60–90 days once filed
• Uncontested (with children): roughly 60–120 days
• Contested — moderate complexity: about 6–12 months
• Contested with pension, business, or complex assets: from 12 months to 2+ years

Yes. In Texas, property gained during the marriage is generally community property and is divided in a just and right manner — not an automatic 50/50 split. Courts 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 claiming spouse carries the full burden of proof.

In Texas, pension plans built up during the marriage are community property and can be divided. Splitting a defined benefit pension plan requires a Qualified Domestic Relations Order (QDRO) — a separate court order delivered to the plan administrator. The industrial pension plans common in Humble's energy and manufacturing workforce often feature:

• Survivor benefit elections that the QDRO must preserve
• Early retirement subsidies that change the benefit's value
• Cost-of-living adjustments that the language must address
• Plan-specific requirements unlike those of standard 401(k) QDROs

Errors in this language are hard to fix once the divorce is final and can permanently shrink your share of the benefit.

Yes — the share built up during the marriage is generally community property. Dividing it, though, requires a QDRO — a separate court order delivered to the plan administrator. Without one, the administrator has no legal authority to split the account. An early withdrawal triggers income taxes plus a 10% federal penalty. IRAs are handled through a transfer incident to divorce — a separate process with its own custodian requirements.

Harris County family courts follow the best interest of the child standard under TFC §153.002. Judges look at each parent's day-to-day involvement, home stability, 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 relationship with the other parent. For children 12 and older, the child's stated preference is also weighed. Texas law is gender-neutral — fathers and mothers are judged on equal footing.

Humble ISD ranks among the most respected school districts in the Houston area. In custody cases, the parent given the right to set the primary residence decides which school the child attends. Key issues include:

• When both parents stay within Humble ISD boundaries, school enrollment tends to be less contested
• When a geographic restriction exists and one parent wants to move, a change of school district becomes a central factor in modification proceedings
• Extracurricular activities, athletics, and established school relationships all figure into the child's best interest analysis

Harris County courts routinely limit the primary residence to Harris County and the counties bordering it — Montgomery, Fort Bend, Brazoria, Galveston, Chambers, Liberty, and Waller.

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

• Standard SPO: Weekend possession starts Friday at 6:00 PM
• Expanded SPO: Weekend possession starts at Friday school dismissal — ends when school resumes Monday morning
• Thursday possession starts at school dismissal and ends when school resumes Friday morning
• Summer possession can run up to 42 days

The Expanded SPO has to be elected in writing at, or within 30 days of, the final order under TFC §153.3171. It is not automatic — miss that window and the schedule defaults to the Standard SPO.

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

Shift differentials, overtime pay, and variable compensation from industrial work all count toward net resources under TFC §154.062. When pay swings significantly from month to month, courts usually average income over a representative period — typically drawing on the last 12 months of pay stubs, W-2s, and tax returns to set a reliable monthly net resource figure. Either party may offer evidence on the correct calculation, and accurate documentation from the start of the case is critical.

In Texas, child support usually ends when the child turns 18 or graduates from high school — whichever happens later. If the child has a physical or mental disability, the obligation can 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.