Austin Family Law Frequently Asked Questions

At The Law Office of Oprea & Weber, we know that family law matters can feel confusing, frustrating, or even overwhelming. Divorce, custody, child support, and related matters are deeply personal, and many people don’t know where to start when questions arise. Below, we’ve compiled answers to some of the most common questions we hear from our Austin family law clients. This resource is not a substitute for legal advice, but it can give you a clearer idea of what to expect and how we can help. If you have other questions or need personal legal advice specific to your particular situation, call The Law Office of Oprea & Weber to speak with our Austin family law attorneys.

Is the custody schedule 50/50?

Not always. In Texas, custody is referred to as “conservatorship,” and visitation is called “possession and access.” The law presumes that it is best for children to have frequent and continuing contact with both parents, but that doesn’t mean every case results in a perfectly equal split.

The most common arrangement is the Standard Possession Order (SPO), which gives one parent the right to determine the child’s primary residence while the other parent has scheduled weekends, holidays, and extended time in the summer. Some parents agree to 50/50 schedules, and courts will approve them if they serve the child’s best interests. The right schedule depends on the child’s needs, the parents’ locations, and how well the parents can cooperate.

How is child support calculated?

Texas uses statutory guidelines to calculate child support, usually based on a percentage of the paying parent’s net monthly income. For example, the amount of support for one child is typically 20% of net income, two children 25%, and so on, with adjustments for higher numbers of children. Courts may deviate from these guidelines in special circumstances, such as when a child has extraordinary medical needs.

When does child support end?

Child support usually ends when a child turns 18 or graduates from high school, whichever happens later. If a child is disabled and unable to support themselves, support may continue indefinitely.

What is a mediated divorce?

Mediation is a process where a neutral third party, called a mediator, helps divorcing couples work through their disagreements and reach a settlement. Mediation is often less expensive, less stressful, and faster than a trial. Kevin Weber is an experienced mediator as well as a lawyer who represents parties in mediation, which gives him a unique perspective on how to guide clients through the process successfully.

Do we both need a lawyer?

In most divorce and custody cases, each party hires their own attorney. However, there are some cooperative options. In a cooperative divorce, for example, Kevin Weber can meet with both parties and help them resolve their issues together, with one party waiving independent representation. This saves costs and works best for couples who are committed to resolving matters respectfully and transparently. That said, if spouses are in significant conflict, or if one spouse does not feel comfortable proceeding without separate representation, each should retain their own lawyer.

What is a default divorce?

A default divorce happens when one spouse files for divorce and the other spouse fails to respond to the petition. If deadlines pass without a response, the court may grant the divorce based on the filing spouse’s requests. Even though this process may sound simple, it is still important to follow all procedures carefully and ensure that the final decree addresses property division, custody, and support thoroughly. Otherwise, problems can arise later.

Can I get an annulment instead of a divorce?

Annulments are rare in Texas and are only granted under specific circumstances, such as a marriage based on fraud, duress, or if one party was underage at the time of marriage without proper consent. Basically, an annulment cancels a marriage that was unlawful from the start, while a divorce dissolves a legal marriage. Most marriages must be dissolved through divorce rather than annulment.

Am I responsible for my partner’s credit card debt?

It depends. Texas is a community property state, and both assets and debts acquired during the marriage are generally considered community property, even if the account is only in one spouse’s name. However, some debts may remain separate if they were incurred before marriage or if the creditor only extended credit to one spouse based on their separate estate. Sorting out which debts are community and which are separate is an important part of the divorce process.

What happens if I overpaid child support? Will I be reimbursed?

Overpayments do not automatically get refunded. In some cases, they may be credited toward future obligations, but it depends on the circumstances. This is one reason why it is so important to monitor child support orders and payments carefully. If your situation changes—for example, if a child moves in with you or if support obligations end—you may need to seek a modification rather than risk overpaying.

How long before my divorce is final?

Texas has a 60-day waiting period from the date the divorce petition is filed before it can be finalized, with limited exceptions such as family violence cases. Even with that requirement, the overall timeline depends on how quickly you and your spouse can resolve issues. Uncontested (agreed) divorces can often be completed shortly after the waiting period, while contested divorces may take many months or longer.

Do I need a lawyer to get a divorce?

Technically, no—you can file for divorce without a lawyer. However, divorce involves important legal rights regarding property, debts, custody, and support. Mistakes in the process or failure to address key issues can lead to costly problems later. Having a lawyer ensures the divorce is handled correctly and that the final order is enforceable and protective of your rights.

Can grandparents or relatives get custody or visitation rights?

Yes, but the rules are strict. Texas courts prioritize the rights of parents, but in cases where a child’s well-being is at risk, grandparents or relatives may be able to petition for custody or visitation. These cases often arise in connection with SAPCR suits, and the outcome depends on a careful evaluation of the child’s best interests.

Can we decide everything without going to court?

In many cases, yes. If you and your spouse or co-parent reach an agreement, your lawyers can draft a settlement agreement and present it to the court for approval. The judge will review the agreement to make sure it complies with Texas law and is in the best interest of any children involved. Once approved, it becomes legally binding without the need for a drawn-out trial.

What if we change our minds after divorce orders are entered?

Court orders regarding custody, visitation, or child support can be modified if there has been a material and substantial change in circumstances since the order was entered. Examples include job loss, relocation, or changes in the child’s needs. Spousal maintenance and property division, however, are generally not modifiable once finalized.

Once the final divorce decree is entered, the marriage is dissolved, and it cannot generally be undone through any judicial process. However, the dissolution of a marriage leaves both parties free to marry again, and they could remarry each other if they so choose. Statistics show about 6% of divorced couples go on to marry each other again, and about twice as many reconcile, even if they don’t remarry.

How much does a divorce cost?

Costs vary widely depending on the complexity of the case and how much spouses agree or disagree. Uncontested divorces are less expensive, while litigated divorces involving disputes over property or custody cost more because of the additional time and expense to bring in financial experts, psychologists, or other professionals. The cooperative and collaborative approaches offered by The Law Office of Oprea & Weber are cost-effective alternatives to drawn-out litigation.

Should I try to draft my own prenuptial or postnuptial agreement?

It’s risky. Even well-intentioned agreements may not hold up in court if they don’t meet Texas legal requirements. They can also fail to accomplish what you set out to achieve, or create additional problems you didn’t foresee. A properly drafted agreement with legal counsel ensures enforceability and avoids future disputes. Our firm helps couples put their intentions into writing clearly in a legally valid format.

Ready to Learn More?

These are just a few of the questions we frequently hear from clients. If you have a question that isn’t answered here, or if you’d like to talk about your specific situation, the best next step is to schedule a consultation. At The Law Office of Oprea & Weber, we offer clear answers, cooperative solutions, and practical guidance for Austin families. Contact us today to get started with compassionate, knowledgeable representation.