Wimberley Divorce Attorney
The Law Office of Oprea & Weber helps Wimberley families work through divorce, custody, support, and property questions, and the firm serves clients throughout Hays County, along with Travis, Williamson, and Bastrop Counties and the rest of Central Texas. If you are looking for a Wimberley divorce attorney, you are probably weighing a decision that touches your home, your children, and your finances all at once, and you want to know what actually happens next.
Here is the part that surprises people in a small Hill Country community: your case will not be heard in Wimberley. Divorce suits in Hays County go through the district courts in San Marcos, and family law matters are handled through the District Clerk’s office there. That means your filing, your hearings, and any trial happen about a county seat away, with judges who see family cases every week. Knowing that early takes a lot of mystery out of the process.
Texas also moves on a fixed clock. The court cannot grant a divorce before the 60th day after the petition is filed, even if you and your spouse agree on every point. What you do with those 60 days, and how well you use them, often decides whether your divorce is quick and calm or drawn out and expensive.
How a Divorce Typically Unfolds for a Wimberley Couple
Let me walk you through it the way I would in a first meeting. One spouse files an Original Petition for Divorce. To file in Texas, at least one of you must have lived in the state for the preceding six months and in the county where the case is filed for the preceding 90 days. Only one spouse has to meet those requirements, and the other spouse does not have to agree to the divorce. If you live in Wimberley, Hays County is ordinarily where that residency is counted.
After filing, the other spouse is served, or signs a waiver of service. The 60-day waiting period runs from the filing date, not the service date, which surprises many people who assume the clock starts when papers are handed over. The only exceptions involve family violence: a conviction or deferred adjudication for a family violence offense against the petitioner or someone in the petitioner’s household, or an active protective order or emergency magistrate’s order based on family violence during the marriage.
While the case is pending, either spouse can ask for temporary orders. These settle the practical questions that cannot wait, such as who stays in the house, who pays which bills, and what the children’s schedule looks like. Temporary orders tend to set the tone for the rest of the case, so we treat them seriously even when everyone is being civil.
From there, the path depends on whether you and your spouse can agree. Many cases settle through negotiation or mediation. When issues remain in dispute, both sides exchange financial records and other information through discovery, and unresolved questions go to hearing or trial. The case ends with a Final Decree of Divorce, which sets out property, debts, conservatorship, possession and access, child support, and any spousal maintenance. Most divorces settle before trial, but we prepare each one as though it may not.
Why Choose The Law Office of Oprea & Weber for Your Wimberley Divorce
The Law Office of Oprea & Weber is a boutique divorce and family law firm serving Wimberley and the rest of Hays County, as well as Travis, Williamson, and Bastrop Counties. Kevin Weber and Karen Oprea, both attorneys, graduated magna cum laude from the University of Michigan Law School. Your attorney personally handles your case from the first consultation to the final decree. The firm keeps its caseload intentionally manageable, so you are not passed off to layers of staff or junior associates, and you get direct attorney access and explanations in plain language.
The training behind that is practical for family cases. Kevin Weber trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, which matters when a Hill Country divorce involves a closely held business, rental property, or a messy set of accounts. He also mediates family law disputes and represents clients in mediation, so he knows from both sides of the table what makes a settlement hold. Karen Oprea has briefed and argued cases before the Fifth Circuit Court of Appeals, the Texas Court of Criminal Appeals, the Texas Courts of Appeals, and the New York appellate courts, which sharpens the legal research and writing behind every contested filing.
Clients describe the experience in consistent terms. One called the attorneys knowledgeable, thorough, and caring, and another said Kevin made sure she felt supported and heard while turning legal language into information she could use. The firm prepares every case for trial while pursuing cooperative resolution whenever it is realistic, because reasonable conversation saves time, money, and emotional strain. When it is not possible, we advocate firmly.
Issues That Shape a Wimberley Divorce
- Property and Debt Division: Texas is a community property state, and the court divides the marital estate in a way that is just and right, which does not always mean 50/50. Homes, retirement accounts, businesses, and debts all require careful classification of what is community and what is separate.
- Rural and Acreage Property: Hill Country marriages often involve land, a family homestead, or a home tied to a small business or short-term rental. These assets need real valuation work, and they are rarely easy to split or buy out.
- Custody and Possession: Texas calls custody conservatorship and visitation possession and access. For new orders where parents live within 50 miles of each other, the Expanded Standard Possession Order, with Thursday overnights and weekends running through Monday morning, is now the default schedule.
- Child Support: Guidelines apply a percentage to the paying parent’s net monthly resources: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five. For six or more children, the percentage is not less than the five-child figure. The percentages apply only up to a cap that the state adjusts periodically.
- Spousal Maintenance: Court-ordered support after divorce is limited and must meet statutory grounds, such as a marriage of 10 years or longer where the requesting spouse cannot earn enough to meet minimum reasonable needs, a family violence conviction, or an incapacitating disability.
- Informal Marriage: Texas recognizes informal, or common law, marriage when a couple agreed to be married, lived together in Texas as spouses, and represented to others that they were married. Ending one requires a divorce, and the question of whether the marriage existed can itself be the first dispute.
- Cooperative and Collaborative Paths: Couples who can talk can often resolve things privately through collaborative divorce, cooperative divorce, or mediation, keeping the details out of a courtroom.
- Protective Orders: When safety is at issue, a protective order can run up to two years in most cases, and an order against a spouse in a pending divorce can last until two years after the decree is signed.
What to Do Right Now if You Are Considering Divorce in Wimberley
Start with the basics. Confirm you meet the residency rules: six months in Texas and 90 days in the county where you will file. If you recently moved, that 90-day mark matters, and filing early in the wrong county can cost you time. Then gather your paperwork before anything is filed: tax returns, bank and credit card statements, retirement account statements, mortgage and deed documents, vehicle titles, business records, and anything showing debts. Having this ready makes everything faster and cheaper, whether you settle or litigate.
Next, think about safety and stability before strategy. If there is family violence, tell your attorney at the first conversation, because it can change the waiting period, the temporary orders, and the protective order options. If there are children, keep their routines steady and avoid putting them in the middle of the conflict. Courts notice which parent supports the other parent’s relationship with the children.
Be careful about what you do in the weeks around filing. Do not move money out of joint accounts, run up new debt, or sell property without talking to a lawyer first, since Travis County and other Central Texas courts publish standing orders on these points and judges expect couples to preserve the estate. Avoid venting about your spouse on social media or in texts, because those messages tend to show up as exhibits.
When you file, your case lands with the district clerk in San marcos for Hays County. Williamson County cases are filed in Georgetown and Bastrop County cases in Bastrop, which matters if one spouse lives in a neighboring county. Contested hearings in Travis County are held in person at the family courts facility in Austin unless the parties agree otherwise. Your attorney will tell you which court has your case and what to expect on hearing days.
Wimberley Divorce Attorney FAQs
How long does a divorce take in Hays County?
The 60-day waiting period is the minimum, counted from the date the petition is filed. An agreed divorce can often be finalized shortly after that period ends, while contested cases involving children, a business, or significant assets commonly take many months. The pace depends mostly on how quickly you and your spouse resolve disagreements and on the court’s calendar.
Do I have to live in Wimberley to file here?
You do not file in Wimberley itself; you file in the county where you meet the residency requirement. At least one spouse must have lived in Texas for six months and in the filing county for 90 days. For most Wimberley residents, that county is Hays.
Can my spouse stop the divorce by refusing to sign?
No. Texas does not require both spouses to agree. If your spouse is served and does not file an answer by the deadline, the case may proceed by default, though the decree still has to address property, children, and support properly.
Is custody in Texas always split 50/50?
No. The law favors frequent and continuing contact with both parents, but it does not guarantee equal time. Parents can agree to an equal schedule, and the court will approve it when it serves the child’s best interest. Many families use a standard possession order, and for new orders where parents live within 50 miles of each other, the expanded version is the default.
How is child support calculated?
Texas applies a percentage to the paying parent’s monthly net resources, which include wages, overtime, commissions, tips, and bonuses. The percentages are 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five. The court can depart from the guidelines when they would be unjust or inappropriate for the family.
Can I get spousal maintenance after a short marriage?
Usually not. The most common ground requires a marriage of at least 10 years and an inability to earn enough to meet minimum reasonable needs. Short marriages qualify mainly when the paying spouse has a family violence conviction, or when the requesting spouse has an incapacitating disability, which has no marriage-length requirement.
What if we agree on everything? Do we still wait 60 days?
Yes. Agreement between spouses does not shorten the waiting period. The only exceptions involve family violence. The upside of agreeing is that once the 60 days pass, the decree can often be signed quickly.
We never had a wedding. Do I still need a divorce?
If Texas would treat your relationship as an informal marriage, yes. A couple can be married informally by signing a declaration or by agreeing to be married, living together in Texas as spouses, and presenting themselves as married. There is no minimum cohabitation period. If a proceeding to prove the marriage is not started within two years after separating, the law presumes there was no agreement to marry, so timing matters.
Is it worth hiring a lawyer if my divorce is mostly agreed?
Often, yes, because the decree is what gets enforced for years. A cooperative divorce is one option: Kevin Weber represents one spouse while working with both to resolve issues together, and the other spouse proceeds without separate counsel. It works best for couples committed to a respectful, transparent process. If there is significant conflict, each spouse should have their own attorney.
Our order is from a few years ago. Can I change child support or custody?
Possibly. Child support can be modified after a material and substantial change in circumstances, or when three years have passed and the amount differs from the guideline by 20 percent or $100. Changing conservatorship or possession generally requires a material and substantial change and that the change serves the child’s best interest. Parents with older possession orders must file a modification to move to the expanded schedule.
Can a protective order affect my divorce?
It can. An active protective order based on family violence can waive the 60-day wait and affect temporary orders, possession, and maintenance eligibility. A protective order can last up to two years in most cases, and one issued against a spouse in a pending divorce can run until two years after the decree is signed.
Serving Divorce Clients From Wimberley Across Hays County and Central Texas
The firm represents families in Wimberley and throughout Hays County, including Dripping Springs, Buda, Kyle, San Marcos, Driftwood, Woodcreek, and Mountain City, along with the surrounding Hill Country communities. Cases from this area are heard in the Hays County district courts in San Marcos, and our attorneys are familiar with how family matters move through that system.
We also serve clients in neighboring Travis County, including Austin, Lakeway, Bee Cave, West Lake Hills, Pflugerville, and Manor. In Williamson County, we help families in Georgetown, Round Rock, Cedar Park, Leander, Hutto, and Taylor, and in Bastrop County, clients in Bastrop, Elgin, and Smithville. Whether your case is an agreed divorce, a cooperative resolution, or a contested matter involving children or a business, the same attorney who meets you at the start stays with you through the decree.
Talk With a Wimberley Divorce Attorney About Your Next Step
You do not have to have every answer before you call. A conversation with a Wimberley divorce attorney can clarify where you would file, what the next 60 days look like, what the court will want to see, and whether a cooperative path fits your situation. The Law Office of Oprea & Weber offers consultations for Wimberley and Central Texas families. Call to schedule yours and get a plan built around your children, your property, and your priorities.