What is a retainer?

When a client meets with an attorney for the first time to discuss a divorce, that attorney will estimate how much money they believe the retainer will be. The retainer works like a checking account in that the money is deposited into a trust account and the funds are drawn on as they are earned [...]

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My spouse is violating the Temporary Orders. What can I do?

You can file an enforcement action, which requires a court hearing. If this happens, and a judge finds your spouse is in contempt, he or she may face a fine or possible jail time for not following the original court order.

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How can a military or civil service person stationed overseas get a divorce?

If the person serving overseas is served with divorce papers, they have the right to invoke The Soldiers’ and Sailors’ Civil Relief Act of 1940 (“SSCRA”) in order to postpone the process. This is a federal statute that was enacted to “protect those who have been obliged to drop their own affairs to take [...]

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My spouse is using drugs. Will he be able to visit the children after the divorce?

Each case is unique, and the answer depends on the individual circumstances of your case. The first thing you want to do is file a “Motion for Drug Screen” with the court to determine if your spouse is, in fact, using drugs. If he tests positive, the court can take several actions including:

Deny possession
Grant [...]

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Does the child support calculation include a step-parent’s income?

No. The Texas family code prohibits the use of a step-parent’s income in the calculation of child support. In the court’s eyes, step-parents have no financial obligation to support their step-children.

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Can my child choose not to see his other parent?

No. Children aren’t allowed to choose when and with which parent they visit. You are bound by the court ordered visitation with the non custodial parent and therefore must surrender your child. Otherwise you could be held in contempt of court, which could mean fines or even jail time. If for some [...]

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Are we required to go to mediation?

Mediation isn’t necessarily required, but it’s highly recommended because most cases that go to mediation will end in a settlement. If one party requests that mediation be ordered, the court will most likely order it. So, if one of you wants to mediate, it will probably end up being court ordered.
In some counties, such [...]

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Can I make my spouse pay my legal fees?

Judges typically require each party to be responsible for their own legal fees. There are some situations, however, where the court may allow you to use community property to cover legal expenses during the divorce.

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How can I collect back child support?

The first step is filing a written complaint with the Child Support Division of the Texas Office of Attorney General. From there an attempt will be made by the state to locate the non custodial parent and collect the back support owed. If the situation requires further action, the state will then determine [...]

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Can I change my name after the divorce?

Yes. It’s known as “restoration of former name” and although it’s most commonly done by the wife, either spouse can change their name to a name that they have used in the past (it can’t be a brand new name). An important thing to consider, however, when deciding whether to change your name [...]

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Our firm serves clients in Travis County, Williamson County, Hays County and Bastrop County, including Austin, Round Rock, San Marcos, Georgetown, Cedar Park, Leander, Lakeway, Westlake, Pflugerville, Bastrop, Kyle, Wimberely, Buda, Lago Vista, and Dripping Springs.