Bastrop County Divorce Attorney
A Texas divorce does not start when both spouses are ready; it starts when one of them files, and the clock keeps running whether the other spouse agrees or not. That is the first thing to understand about a Bastrop County divorce attorney search: the process is built around one spouse’s decision, and the person who understands the sequence first usually shapes what follows. The Law Office of Oprea & Weber is a boutique divorce and family law firm that handles divorce, custody, support, spousal maintenance, property division, and marital agreements for families in Bastrop County and throughout Central Texas.
Bastrop County families bring a particular mix of issues to a divorce. Many couples own acreage or rural homesteads, run small businesses, or commute into Austin for work, which means property division and parenting schedules can look quite different from a typical city case. A divorce here is filed in the Bastrop County district courts, and the decisions you make in the first weeks, including how to handle temporary orders, whether to pursue an agreed resolution, and how to document your finances, tend to echo all the way through the final decree.
Where a Bastrop County Divorce Is Filed and Who Can File It
Texas sets two residency thresholds. At least one spouse must have been a Texas domiciliary for the preceding six months and a resident of the county where the suit is filed for the preceding 90 days. Only one spouse has to satisfy both requirements, so a spouse who recently moved into Bastrop County can still be divorced here if the other spouse has been a county resident long enough. If neither of you has been in the county for 90 days, the filing has to wait or happen elsewhere.
Divorce suits in Bastrop County are heard by the district courts seated in the city of Bastrop. The 423rd District Court, presided over by Judge Christopher D. Duggan, hears only matters arising within Bastrop County. The 21st District Court, presided over by Judge Carson Campbell, also sits in Bastrop and serves a wider region that includes Burleson, Lee, and Washington Counties along with Bastrop. Which court receives your case depends on assignment, so there is little to be gained by trying to choose one. What matters more is that your attorney knows how family cases move through these courts and prepares accordingly.
Why Choose Oprea & Weber for Your Bastrop County Divorce
The Law Office of Oprea & Weber serves clients in Bastrop County, Travis County, Williamson County, and Hays County, along with the wider Central Texas area. Our attorneys, Kevin Weber and Karen Oprea, both graduated magna cum laude from the University of Michigan Law School. We keep our caseload intentionally manageable, and your attorney personally handles your case from the first consultation to the final decree. You are not passed through layers of staff or junior associates, and you have direct access to the lawyer who knows your file.
That training matters in a divorce. Kevin Weber trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, which is useful when a Bastrop County marriage involves a family business, rental property, or retirement accounts that need careful analysis. 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, and that appellate discipline shapes how we write, argue, and anticipate problems in a decree. Kevin also mediates family law disputes as well as representing clients in mediation, so he sees from both sides of the table what makes a settlement hold.
We prepare every case as though it may be tried, and we pursue cooperative, collaborative, or mediated resolution whenever the other side makes that realistic. Clients describe us as knowledgeable, thorough, and caring, and several have said we explain legal language in terms they can act on and keep them steady through an emotional process. We communicate in plain language and tell you where agreement can save time and money and where it cannot.
The Issues That Drive a Bastrop County Divorce
- Property Division: Texas is a community property state, and the court divides the marital estate in a manner it considers just and right, which is not always an even split. Rural land, homesteads, vehicles and equipment, and closely held businesses are common in Bastrop County and require separate-versus-community analysis.
- Child 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, which matters for families split between Bastrop and Austin.
- Child Support: Guideline support is a percentage of 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 below the five-child amount. The percentages apply only up to a cap that the state adjusts periodically.
- Spousal Maintenance: Court-ordered support after divorce is limited and must be earned under Chapter 8 of the Family Code. The requesting spouse must lack enough property to meet minimum reasonable needs and then fit a qualifying ground, such as a marriage of at least ten years with no ability to earn enough, an incapacitating disability, or a family violence conviction.
- Temporary Orders: Who stays in the home, who pays which bills, and where the children sleep during the case are decided early. These orders often set the pattern for the final outcome, so we treat them as a strategic stage rather than a formality.
- Informal Marriage Disputes: Some couples are married under Texas law without a ceremony. A signed declaration of informal marriage, or proof that you agreed to be married, lived together in Texas as spouses, and held yourselves out as married, can establish one, and ending it requires a divorce.
- Divorces Involving Family Violence: A protective order or a qualifying family violence conviction can change the case, including eliminating the 60-day waiting period and creating a path to maintenance even after a shorter marriage.
What to Do in the First Weeks, and the Mistakes That Cost People Later
If you are the spouse who is going to file, confirm the residency requirements first, then gather the documents that will frame the case: recent tax returns, pay records, bank and retirement statements, mortgage or deed paperwork, and records of debts. Do this before the other spouse knows a filing is coming. If you are the spouse who has been served, note the date carefully. A served respondent generally has about 20 days to file an answer, and a missed answer allows the case to proceed by default on the filing spouse’s requests. Do not assume you can sort it out later; a default decree can lock in terms you would never have agreed to.
Filing happens with the district clerk in Bastrop, where the Original Petition for Divorce is lodged and routed to one of the district courts that sit there. The other spouse must be formally served, or can sign a waiver of service. The 60-day waiting period runs from the date the petition is filed, not the date of service, and agreement between spouses does not shorten it. The only exceptions involve family violence, such as a conviction or deferred adjudication for a family violence offense against the petitioner or a household member, or an active protective order or emergency protective order based on family violence during the marriage.
The mistakes we see most often are practical. People move out of the home before temporary orders are in place and lose leverage over the children’s schedule. They move money or sell assets in a way that looks like concealment. They post about the case on social media. They sign a settlement draft prepared by the other side without understanding what it gives up. A better approach is to keep daily routines with your children stable, preserve records, avoid unilateral financial moves, and speak to a lawyer early enough that your first major decision is a considered one.
Agreement or Contest: How the Choice Changes Cost, Timing, and Control
The 60-day minimum is a floor, not a forecast. An agreed divorce can often be finalized soon after that period ends, while a contested case involving children, a business, or significant assets commonly takes many months. The pace depends on how quickly the two of you resolve disagreements and on the court’s schedule, but you control more of that than most people realize.
We offer collaborative divorce, cooperative divorce, and mediation for couples who want to resolve things privately and respectfully. In a cooperative divorce, Kevin Weber represents one spouse while working with both to resolve issues, and the other spouse proceeds without separate counsel. That saves money but works only for couples committed to transparency; where there is real conflict, or either spouse is uncomfortable without a lawyer, each should have their own attorney. When the other side will not engage reasonably, we advocate firmly and litigate, and the preparation we do for trial gives you leverage in negotiation. Most divorces settle before trial, but they settle better when the other side knows you are ready.
Bastrop County Divorce Questions, Answered
Do I have to live in Bastrop County to file for divorce here?
One spouse must have lived in Texas for the past six months and in Bastrop County for the past 90 days. Only one spouse has to meet both requirements. If you recently moved, the other spouse’s residency may still allow you to file here.
How long does a divorce take in Bastrop County?
Texas courts cannot grant a divorce until the 60th day after the petition is filed, and agreement does not shorten that period. An agreed divorce can finish soon after day 60, while contested cases with children or significant assets commonly run many months.
Is custody in Texas always split 50/50?
No. The law favors frequent and continuing contact with both parents but does not guarantee an equal division. Many families use a Standard Possession Order, and parents may agree to an equal schedule if it serves the child’s best interests.
How is child support calculated?
Guidelines apply a percentage to the paying parent’s net monthly resources, rising with the number of children, up to a cap the state adjusts periodically. Net resources include wages, overtime, tips, commissions, and bonuses. A court may depart from guidelines when they would be unjust or inappropriate for the child.
Can I get spousal maintenance after a short marriage?
Usually not, but there are exceptions. A marriage of ten years or longer plus inability to earn enough is the common ground, and an incapacitating disability qualifies regardless of marriage length. A recent family violence conviction or deferred adjudication can also qualify, with maintenance up to five years even for marriages under ten years.
How much maintenance can a court order, and for how long?
Monthly maintenance may not exceed the lesser of $5,000 or 20 percent of the paying spouse’s average monthly gross income. Duration is capped at five years for marriages of ten to under twenty years, seven years for twenty to under thirty, and ten years for thirty or more. Disability-based maintenance can last as long as the disability continues, subject to periodic review.
My ex and I have an old possession order. Do we get the new Thursday-overnight schedule automatically?
No. The Expanded Standard Possession Order is the default for new orders where parents live within 50 miles of each other. Parents with existing orders must file a modification to adopt it.
Can we modify child support if my income has changed?
Yes, through either of two routes. You can show a material and substantial change in circumstances, with no minimum waiting time, or you can show that three years have passed since the last order and the monthly amount differs from guidelines by 20 percent or $100. Incarceration of more than 180 days is also treated as a material and substantial change.
My spouse and I never had a wedding. Can we still need a divorce?
Possibly. Texas recognizes informal marriages where a couple agreed to be married, lived together in Texas as spouses, and represented to others that they were married. There is no minimum cohabitation period, and a proceeding to prove the marriage generally must begin within two years of separating or the law presumes no agreement to marry.
What happens if I was served and ignored the petition?
The court may grant a default divorce based on the filing spouse’s requests. A default decree still must address property, children, and support, but it will reflect only one side’s position. If you have been served, speak to an attorney immediately rather than waiting.
How long does a protective order last if there is a divorce pending?
A protective order issued against a spouse in a pending divorce remains effective until the second anniversary of the date the final decree is signed. Other protective orders generally last up to two years, though longer orders are possible on specific findings, such as serious bodily injury to the applicant or two or more prior protective orders.
Can my child choose which parent to live with?
A child who is at least 12 can tell the judge in chambers which parent the child prefers to have the right to designate the primary residence, and that is one recognized ground for seeking a modification. It is not binding, and the court still weighs the child’s best interest and the other statutory requirements.
Serving Divorce Clients Across Bastrop County and Central Texas
Our work for Bastrop County families begins in the city of Bastrop, where the district courts sit, and extends to Smithville, Elgin, Cedar Creek, McDade, Paige, Red Rock, Rosanky, Wyldwood, and Camp Swift, as well as the rural and subdivision communities between them. Families in Bastrop County often have ties to neighboring Travis County, and we represent clients through the Austin family courts as well. We also serve clients in Williamson County, including Georgetown, Round Rock, and Taylor, and in Hays County, including San Marcos, Kyle, and Buda.
Whether your marriage was centered on a ranch outside Smithville, a household in Elgin, or a commuter family spanning Bastrop and Austin, we tailor the strategy to what your family actually owns, earns, and needs for the children. Because your attorney handles the case personally from consultation to decree, you will talk to the same lawyer whether the case settles through mediation or heads to a hearing.
Speak With a Bastrop County Divorce Attorney Before You Decide Your Next Move
The decisions that matter most in a divorce, whether to file first, how to approach temporary orders, and whether to seek agreement or prepare for a contest, are usually made early. If you are considering ending your marriage or have just been served, call The Law Office of Oprea & Weber to schedule a consultation. We will talk through your circumstances, explain the Texas process in plain terms, and help you build a strategy around what matters most to you and your family. As a Bastrop County divorce attorney team, we are ready to start with a conversation.