Hablamos español. Consultations and documents in Spanish at no extra cost.

27 answers

Questions we get, grouped by stage

These are the questions that come up on the phone most weeks. If yours is not here, ask it at the consultation. It is free, and there is no such thing as a question too basic.

A private consultation room with two armchairs and a window

Starting a case

What happens in the first month, and what it costs to find out.

Thirty minutes, confidential, and free. You tell us what happened, we tell you what case type it is, what the next thirty days look like, roughly what it will cost and whether you even need a lawyer. Some people leave with a plan to file nothing at all.

Yes, the first consultation is free for every practice area. If you want a longer strategy session with a written plan, we charge a flat $200 that we credit against your retainer if you hire us.

No. We do not take retainers at a first consultation as a rule. Go home, read the engagement letter, and call us in a week if it still feels right.

You can if one spouse has been a Texas domiciliary for the preceding six months and an El Paso County resident for the preceding ninety days. Servicemembers stationed here can usually count that time under section 6.303.

The last two tax returns, recent pay records, a list of accounts and debts, any existing court order, and the dates of anything that happened recently. If you have none of it, come anyway.

For flat-fee matters we split payments across the life of the case. Hourly matters require a retainer in trust, and we discuss the amount honestly before you commit to anything.

Children

Conservatorship, possession and support, in plain language.

Texas uses conservatorship for decision-making rights and duties, and possession and access for the schedule. Two parents can be joint managing conservators while one of them has the children most of the time.

A percentage of the obligor's monthly net resources: 20 percent for one child, 25 for two, 30 for three and so on, applied up to a statutory cap. Net resources is gross income minus specific statutory deductions, not take-home pay.

A child twelve or older may tell the judge their preference in chambers, and the judge must conduct that interview on request. It is one factor. It is not the decision.

Yes, by agreement, and courts approve it regularly where the homes are close, the school situation works and the parents communicate. Courts order it over objection less often.

That is an enforcement matter. Document the denied period precisely, do not retaliate by withholding your own periods, and call us. Repeated denial can be contempt and can support a modification.

It ends at eighteen or high school graduation, whichever is later, but only if the order says so and the withholding is actually terminated. We see withholding continue for months after it should have stopped.

Sometimes. Chapter 102 standing and chapter 153 grandparent access both have specific requirements, and the constitutional presumption favouring fit parents is a real hurdle. It is fact-dependent and worth a consultation.

Money and property

Community property, the trust account and what a case really costs.

Texas is a community property state, and the court divides the community estate in a manner it deems just and right. That is often near equal, but fault, earning capacity, health and custody of the children can all produce a disproportionate division.

A retainer held in our IOLTA trust account that you top up when it falls below a set threshold. It is your money until it is earned, you get an itemised statement each month, and the unearned balance is refunded at the end.

An agreed divorce with children is a sample flat fee of $3,650 plus costs. A contested case starts at a sample $3,500 retainer and depends almost entirely on how the other side behaves. We give you a written estimate at each stage.

Not in the way most states do. There is court-ordered spousal maintenance under chapter 8, which has strict eligibility requirements and is capped at the lesser of $5,000 per month or 20 percent of the payer's average monthly gross income, and there is contractual alimony you agree to.

By a Qualified Domestic Relations Order, a separate order the plan administrator has to approve. Military and federal retirements each have their own rules, and the decree language has to match what the plan will actually accept.

Usually one spouse buys out the other with a refinance secured by an owelty lien, or the house is sold and the net proceeds divided. Get pre-approved before you negotiate to keep it.

Sometimes. Courts can order fees in family cases, particularly where one party has caused unnecessary work, failed to comply with discovery or violated an order. Do not plan your budget around it.

Court and process

Deadlines, hearings and what actually happens in the building.

Sixty days is the statutory minimum. A genuinely agreed case usually finishes between nine and thirteen weeks. A contested case with children or a disputed estate commonly runs eight to fourteen months.

If your case is agreed you may attend only a short prove-up, and some agreed decrees are granted on written declaration. Contested cases require you at temporary orders and at trial.

A confidential settlement day with a neutral mediator, usually in separate rooms. Most El Paso family courts require it before giving you a trial setting. A compliant mediated settlement agreement is binding and cannot be revoked.

An order that attaches automatically to new family suits in El Paso County. It restricts spending outside the ordinary course, changing insurance, removing children from the county and harassing the other party. Read it the day you file.

Texas is a one-party consent state for recording a conversation you are part of. Recording a conversation you are not part of, or intercepting messages from someone else's account, can be a criminal offence. Ask before you do it, not after.

Yes. Attorney-client privilege attaches at the consultation, before you hire us and whether or not you do. The only standard exceptions are a stated intention to commit a future crime and mandatory child abuse reporting.

Yes, at no additional cost. Consultations, hearing preparation, document review and the final walkthrough of your decree are all available in Spanish, and we arrange court interpreters for hearings.

Still not answered

Some questions genuinely cannot be answered on a website, because the answer depends on facts we do not have. How long will my case take, how much will it cost, will I get primary conservatorship: those all start with "it depends", and the things they depend on are specific to you.

What a consultation can do is narrow the range. Thirty minutes with the dates and the documents usually turns "I have no idea what happens next" into a plan with deadlines on it.

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