Bastrop Family Law Attorney

Bastrop County families sort out their custody, support, and property questions in a courthouse on Pecan Street, in front of a judge who hears only local cases, and that fact shapes how a case should be built. The Law Office of Oprea & Weber is a boutique divorce and family law firm that handles divorce, child custody, child support, spousal maintenance, property division, paternity, and modifications for families in Bastrop, throughout Bastrop County, and across Central Texas.

If you are searching for a Bastrop family law attorney, the first decision is usually not whether to hire someone but what kind of process you want. Texas allows a spouse to file for divorce without the other spouse’s agreement, yet most families do better when they can settle the big questions themselves. Some cases need a courtroom. Many do not. Choosing between a cooperative path, mediation, and litigation early, and choosing it on purpose, tends to save more money and stress than any single tactic later on.

A few legal anchors are worth knowing before you speak with anyone. A divorce in Texas requires that at least one spouse has lived in the state for six months and in the county of filing for 90 days. The court cannot grant the divorce until 60 days after the petition is filed, and agreeing with your spouse does not shorten that wait. Those rules set the floor on timing; everything else depends on what the two of you can resolve and what the court has to decide.

Where Bastrop Family Cases Are Heard

Divorce and custody suits for Bastrop County residents are filed in district court. The county’s 423rd District Court sits in Bastrop and hears only matters arising within Bastrop County, and the 21st District Court also sits in Bastrop. The 21st and 335th District Courts serve a multi-county area that includes Bastrop, Burleson, Lee, and Washington Counties, so a family law docket here can reflect more than one court’s calendar and customs. Knowing which court your case lands in, and how that court tends to manage temporary orders, mediation requirements, and trial settings, is part of building a realistic plan.

Because the firm also serves Travis, Williamson, and Hays Counties, we are familiar with how procedures differ from one county to the next. Families in Bastrop frequently have ties across county lines, such as a job in Austin, a former spouse living in Travis County, or a child who splits time between homes. Those connections can raise questions about where a case belongs and which orders apply, and they are worth raising in the first conversation.

Why Choose Oprea & Weber for Bastrop Family Law Matters

The Law Office of Oprea & Weber is led by attorneys Kevin Weber and Karen Oprea, who serve clients in Bastrop County alongside Travis, Williamson, and Hays Counties and the wider Central Texas region. The firm handles divorce, collaborative, cooperative, and mediated divorce, child custody and visitation, child support, spousal maintenance, property division, prenuptial and postnuptial agreements, paternity, SAPCR suits, and modifications, relocation, and enforcement. It works with people at every stage, from couples planning a marriage to parents revisiting an order that no longer fits their lives.

What sets the firm apart is how cases are staffed. Your attorney personally handles your case from the first consultation to the final decree, the caseload is kept intentionally manageable, and clients are not passed through layers of staff or junior associates. You get direct access to the lawyer making decisions about your case, and you get explanations in plain language rather than legal shorthand. Clients describe the firm as knowledgeable, thorough, and caring, and one client wrote that Kevin “translates legal language into applicable information.”

The credentials behind that approach are specific. Kevin Weber, Attorney, and Karen Oprea, Attorney, both graduated magna cum laude from the University of Michigan Law School. Kevin trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, and he both mediates family law disputes and represents clients in mediation, which gives him a practical read on what makes a settlement hold up. Karen 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. That appellate experience matters when a custody or property ruling needs to be protected on the record. The firm prepares every case as though it may be tried, while pursuing cooperative resolution whenever the other side makes that possible.

Family Law Issues That Bring Bastrop Residents to Our Door

Divorce With or Without Agreement: Texas does not require both spouses to consent. Only one must meet the six-month state and 90-day county residency rules, and the other spouse is formally served or signs a waiver. Cases range from agreed divorces to contested ones over property, support, or children.
Conservatorship and Possession Schedules: Texas uses “conservatorship” for custody and “possession and access” for visitation. For new orders where the 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 starting point. Parents with existing orders must file a modification to move to it.
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, with six or more children not less than the five-child percentage. The percentages apply only up to a statutory cap on net resources, which is adjusted periodically, and courts can depart from guidelines when they would be unjust.
Spousal Maintenance: Texas treats post-divorce support narrowly. Eligibility generally requires that the requesting spouse cannot meet minimum reasonable needs and that the marriage lasted 10 years or more, that the other spouse committed family violence, or that the requesting spouse has an incapacitating disability. Monthly amounts are capped at the lesser of $5,000 or 20 percent of the paying spouse’s average monthly gross income.
Community Property Division: Texas courts divide the marital estate in a manner that is “just and right,” which is not always equal. Businesses, retirement accounts, and real estate need careful characterization and valuation, and separate property must be traced and proved.
Paternity and SAPCR Suits: Unmarried parents establish legal parentage and resolve conservatorship, possession, and support through a Suit Affecting the Parent-Child Relationship. An acknowledgment of paternity can be rescinded within 60 days of signing, and after that it can be challenged only for fraud, duress, or material mistake of fact.
Modifications, Relocation, and Enforcement: Orders can be changed when circumstances change, and they can be enforced when a parent or former spouse ignores them. Each has its own legal standard, covered below.
Prenuptial and Postnuptial Agreements: Written agreements that set financial expectations before or during marriage can narrow future disputes considerably, and they are far easier to draft calmly than to fight over later.

Decisions to Make Before and After You File in Bastrop County

Start with the choice between filing first and waiting. In Texas, the petitioner sets the initial framing, but being the respondent is not a disadvantage if you respond on time. A served respondent generally has about 20 days to file an answer, and missing it can allow the case to proceed by default. If you have been served, do not set the papers aside. If you are the one considering filing, confirm that you meet the six-month and 90-day residency rules before anything else.

Next, think about temporary orders. Either spouse can ask the court for orders that govern the months between filing and the final decree: who lives in the home, where the children stay, who pays which bills, and whether temporary support is needed. Because these arrangements often become the practical template for the final outcome, they deserve more attention than they usually get. Gather recent pay records, bank and retirement statements, mortgage and loan documents, tax returns, and any records of the children’s schedules and expenses before the hearing, not after.

Then decide how you want the case to move. Collaborative, cooperative, and mediated divorce let families work through disputes privately and respectfully, and in a cooperative divorce Kevin Weber represents one spouse while working with both to resolve issues together. That path suits couples who are transparent with each other and committed to a calm process. It is not a fit when there is significant conflict, a history of violence, or one spouse who is uncomfortable proceeding without their own lawyer. In those situations, each spouse should have separate counsel.

If safety is a concern, say so at the start. The 60-day waiting period does not apply when the respondent has been convicted of, or received deferred adjudication for, a family violence offense against the petitioner or a household member, or when the petitioner holds an active protective order or an active magistrate’s emergency protective order based on family violence during the marriage. A protective order generally lasts up to two years, though a longer term is possible when the court finds serious bodily injury or prior protective orders, and an order against a spouse in a pending divorce can run until the second anniversary of the signed final decree. Protective orders can be renewed by a new application filed no more than 30 days before expiration.

Finally, avoid the common mistakes: moving out without a plan for the children, hiding or moving assets, posting about the case online, and signing a settlement before you understand what the decree will say about property, debts, and possession. Decisions made in the first few weeks tend to echo through the whole case.

Changing an Order That No Longer Works

Many Bastrop families come to us years after the divorce, when a job, a move, or a child’s growing needs has made the original order unworkable. Texas sets different thresholds depending on what you want to change.

For child support, you can seek a change when three years have passed since the order was made or last modified and the monthly amount differs from the guideline amount by either 20 percent or $100. You can also seek a change at any time on a material and substantial change in circumstances, with no waiting period. If the existing amount was an agreed figure that departed from the guidelines, the court may modify only on a material and substantial change since the order was signed. Incarceration for more than 180 days counts as such a change.

For conservatorship and possession, the standard is a material and substantial change in circumstances plus a finding that the change serves the child’s best interest. A change to which parent holds the exclusive right to designate the child’s primary residence can rest on several grounds, including a child who is at least 12 telling the judge in chambers which parent the child prefers, or the designated parent voluntarily giving up primary care and possession to someone else for at least six months. If you file to change that right within a year after the order was signed, an affidavit supporting the request must be attached, alleging endangerment, the primary parent’s consent, or a six-month relinquishment.

Relocation disputes fit within this framework, since a move can affect the primary residence designation and the possession schedule. If you are planning a move or learn the other parent is, talk to a lawyer before anything changes, not after.

Bastrop Family Law Questions Answered

Is custody in Texas always split 50/50?

No. Texas law favors frequent and continuing contact with both parents but does not guarantee an equal split. Many families follow a standard possession order in which one parent designates the primary residence and the other has scheduled time. Parents can agree to an equal schedule, and the court will approve it when it serves the child’s best interest.

How long does a Texas divorce take?

The 60-day waiting period from filing is the minimum, and it runs from the filing date rather than the date of service. An agreed divorce can often be finalized soon after that period ends. Contested cases involving children, businesses, or significant assets commonly take many months.

Can we skip the waiting period if we agree on everything?

No. Agreement does not waive it. The exceptions are limited to family violence situations, such as a conviction or deferred adjudication for a family violence offense against the petitioner, or an active protective order based on family violence during the marriage.

Do we both need a lawyer?

Usually each spouse hires their own. In a cooperative divorce, Kevin Weber represents one spouse while working with both, and the other spouse proceeds without separate counsel. That saves money and works best for couples committed to a respectful, transparent process. If there is significant conflict, or either spouse is uncomfortable without a lawyer, each should have one.

How is child support calculated?

Guidelines apply a percentage to the paying parent’s net monthly resources, rising with the number of children from 20% for one child up to 40% for five. Net resources include wages, salary, commissions, overtime, tips, and bonuses. A lower schedule applies when net resources are very low, and the percentages stop applying above a statutory cap that is adjusted periodically.

When does child support end?

Support generally continues until the child turns 18 or graduates from high school, whichever is later, provided the child remains enrolled and meets attendance requirements. Support for a disabled child who cannot support themselves may continue indefinitely.

Who qualifies for spousal maintenance?

The requesting spouse must lack enough property, including separate property, to meet minimum reasonable needs, and must also fit a category: a marriage of 10 years or longer with insufficient earning ability, a family violence conviction or deferred adjudication within two years before filing or while the case is pending, or an incapacitating disability. For the 10-year category, the law presumes against maintenance unless the requesting spouse has shown diligence in earning income or developing skills.

How long can spousal maintenance last?

Caps depend on the marriage length: up to five years for marriages of at least 10 but under 20 years, up to seven years for at least 20 but under 30, and up to 10 years for 30 or more. Maintenance based on family violence in a marriage under 10 years can last up to five years. Maintenance tied to disability can continue as long as the disability or need continues, subject to periodic review.

We lived together for years and told people we were married. Do we need a divorce?

Possibly. Texas recognizes informal marriage if a couple signed and filed a declaration or if they agreed to be married, lived together in Texas as spouses, and held themselves out as married. There is no minimum cohabitation period. If a proceeding to prove the marriage is not started within two years of separating, the law presumes the couple did not agree to be married. A person under 18 or still legally married to someone else cannot form one.

I am a stepparent. Can I seek custody or visitation?

Standing for non-parents such as stepparents has been narrowed, and the law now refers to exclusive care, control, and possession of the child. Previously the test turned on actual care, control, and possession for at least six months. If you are in a non-parent situation, the specific facts matter a great deal, so talk with a lawyer before filing.

Can I challenge paternity years after a child is born?

Time limits apply. When a child has a presumed father, a suit to adjudicate parentage generally must start by the child’s fourth birthday, with exceptions such as the presumed father and mother not living together or having intercourse during the probable time of conception, or misrepresentation that kept the presumed father from asserting paternity. For an acknowledged or adjudicated father, a non-signatory generally has four years from the effective date of the acknowledgment or adjudication.

Is it worth hiring a lawyer for an uncontested divorce?

Often yes, because the decree controls property, debts, retirement accounts, possession, and support for years. Even a default divorce, where the served spouse never answers, must be carefully prepared so that every issue is correctly addressed. Errors in a decree are far harder to fix later than to avoid now.

Serving Bastrop County and Central Texas Families

The firm represents families in the city of Bastrop and throughout Bastrop County, including Elgin, Smithville, Cedar Creek, Paige, Red Rock, Wyldwood, Rosanky, McDade, Camp Swift, and the rural stretches along Highway 71 and Highway 21. Clients also come from Lost Pines area neighborhoods, Circle D, Tahitian Village, Bastrop’s historic downtown, and the communities that sit between Bastrop and the Austin area.

Beyond Bastrop County, we serve families in Travis County, including Austin and its surrounding communities; Williamson County, including Georgetown, Round Rock, Cedar Park, and Leander; and Hays County, including San Marcos, Kyle, and Buda. Many Bastrop residents commute to those neighboring counties for work, and family law cases frequently cross county lines when a former spouse or co-parent lives elsewhere. That reach lets us handle a case whichever county’s court ends up with it, from first consultation through the final decree and any modification that follows.

Talk With a Bastrop Family Law Attorney About Your Next Step

Whether you are weighing a divorce, trying to set a parenting schedule, or looking to change an order that has stopped working, a conversation with a Bastrop family law attorney at Oprea & Weber can give you a clear picture of your options and a plan that fits your family’s priorities. Your attorney will handle your case personally, explain each decision in plain language, and prepare as though the case may be tried while looking for the sensible resolution. Call to schedule a consultation and tell us what is going on.