San Marcos Family Law Attorney

The Law Office of Oprea & Weber works with families in San Marcos and across Hays County who are ending a marriage, sorting out custody, setting up or changing child support, or putting a marital agreement on paper. The firm also serves Travis, Williamson, and Bastrop Counties and the rest of Central Texas, and it approaches each family’s situation with the goal of reaching a workable resolution without needless conflict.

Finding the right San Marcos family law attorney usually starts with a practical question: which court will actually hear my case, and what rules will it apply? Family cases arising in San Marcos are filed with the Hays County District Clerk and heard in the Hays County district courts, where an associate judge handles a share of the family docket. Texas also changed some of its custody rules recently, including a new default possession schedule for parents who live close together, so what a neighbor or coworker went through a few years ago may not match what a judge will order today.

Students, university employees, and young professionals make up a large part of the San Marcos population, and that shapes the kinds of questions families bring to us. Unmarried couples with a child need to establish parentage. Couples who have lived together for years wonder whether Texas treats them as married. Parents split between San Marcos, Austin, and San Antonio need a schedule that works with real commutes. Each of those situations calls for a different answer, and the sections below walk through them.

Why Choose The Law Office of Oprea & Weber for Family Law Cases in San Marcos

The Law Office of Oprea & Weber is a boutique divorce and family law firm led by attorneys Kevin Weber and Karen Oprea. 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 serves families in San Marcos and throughout Hays County, along with Travis, Williamson, and Bastrop Counties.

What sets the firm apart in practice is who does the work. Your attorney personally handles your case from the first consultation to the final decree, and you are not passed off to layers of staff or junior associates. The caseload is kept intentionally manageable so that calls get returned and questions get answered in plain language. Clients describe the firm as knowledgeable, thorough, and caring, and one client wrote that Kevin “translates legal language into applicable information” while making sure she felt supported and heard.

Both Kevin Weber and Karen Oprea graduated magna cum laude from the University of Michigan Law School. Kevin trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, which is useful when a divorce involves a business, retirement accounts, or a contested valuation. 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 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 matters when a case needs careful legal research or may be headed toward an appeal.

The firm prefers cooperation when it is realistic, because it saves money and emotional strain. Every case is still prepared as though it could go to trial, and that preparation is what gives a client leverage in negotiation. If you are looking for a San Marcos divorce attorney or a custody lawyer who will be directly involved, that combination is what we offer.

Family Law Issues We Handle for San Marcos Families

• Divorce and Property Division: Texas is a community property state, and a court divides the marital estate in a manner it considers just and right, which is not always an even split. Homes, small businesses, retirement accounts, and student-era debts all need to be characterized and valued before they are divided.
• Child Custody and Possession Schedules: Texas uses the terms conservatorship and possession and access. 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. Parents with existing orders must file a modification to switch to it.
• Child Support: Support is a percentage of the paying parent’s net monthly resources, up to a cap that the state adjusts periodically. The percentages run from 20% for one child up to 40% for five, and wages, overtime, tips, and bonuses all count toward net resources.
• Spousal Maintenance: Maintenance is not automatic in Texas. The spouse asking for it must lack enough property to meet minimum reasonable needs and must qualify under a specific ground, such as a marriage of 10 years or more, an incapacitating disability, or a family violence conviction.
• Paternity and SAPCR Suits: Unmarried parents establish legal parentage and then resolve custody, possession, and support through a Suit Affecting the Parent-Child Relationship. Deadlines apply, including a general four-year limit on challenging a presumed father’s status.
• Informal (Common Law) Marriage: A couple can be married in Texas without a ceremony if they agreed to be married, lived together here as spouses, and told others they were married, or if they signed and filed a declaration of informal marriage. No minimum time living together is required, and ending the relationship may require a divorce.
• Modifications and Enforcement: When a job change, a move, or a child’s needs outgrow the existing order, we seek a modification. When the other parent is ignoring the order, we pursue enforcement.
• Prenuptial and Postnuptial Agreements: Agreements drafted before or during a marriage can set expectations about property and support. They are worth considering for anyone entering a second marriage or bringing a business or inheritance into one.

What to Do First When a Family Law Problem Reaches Your Door in San Marcos

Start by figuring out whether the residency rules let you file in Hays County. One spouse must have lived in Texas 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 both requirements, and the other spouse’s agreement is not needed. If you recently moved to San Marcos, count those 90 days carefully before filing, because a case filed too early can run into trouble.

Next, gather your documents before the first meeting. Recent pay stubs and tax returns, bank and retirement statements, mortgage or lease paperwork, a list of debts, and any existing court orders will let us give you real answers instead of guesses. If children are involved, write down the current schedule as it actually works, including who handles school pickups, doctor visits, and weekends. Judges and mediators pay attention to what a family really does, not only what it hopes to do.

Be careful about what you do in the first days. Do not move money out of joint accounts, hide assets, or move a child out of the area without a plan. Do not post about the case on social media. If you are afraid for your safety, tell us immediately. A protective order can be requested alongside or before a divorce, and the 60-day waiting period for a divorce does not apply when there is an active protective order based on family violence during the marriage or a qualifying family violence conviction or deferred adjudication.

When it is time to file, divorce and custody suits for Hays County families go through the Hays County District Clerk in San Marcos, and the district courts there, along with an associate judge for family matters, hear them. If the other parent lives in Travis County, or the children live in Williamson or Bastrop County, the proper court may be different, and we sort that out up front. After filing, expect a mandatory wait: the court cannot grant a divorce until 60 days after the petition is filed, even if you and your spouse agree on everything. The clock runs from the filing date, not the date of service. Temporary orders can address housing, bills, and the children during that period.

Money After the Marriage: Support, Maintenance, and Fair Division

Money disputes are where families most often get surprised. Child support follows a formula, but the formula is only a starting point. A court can depart from the guideline amount when it would be unfair, for example when a child has extraordinary medical needs or the paying parent supports children in another household. If the guidelines would apply to a parent with very low net resources, a lower schedule of percentages is used instead.

Spousal maintenance is much narrower than people expect. Even in a long marriage, a spouse who asks for support on the 10-year ground faces a presumption against maintenance unless he or she can show diligence in earning income or developing job skills. Monthly maintenance cannot exceed the lesser of $5,000 or 20 percent of the paying spouse’s average monthly gross income. Duration is capped by the length of the marriage: up to five years for marriages of 10 to under 20 years, seven years for 20 to under 30, and ten years for 30 or more. Disability-based maintenance can last as long as the disability continues, subject to review.

Orders are not permanent. Child support can be modified when three years have passed and the monthly amount differs from the guideline amount by 20 percent or $100, or sooner on a material and substantial change in circumstances. Changing custody or possession requires a material and substantial change and a finding that the modification serves the child’s best interest. A child who is at least 12 may tell the judge in chambers who he or she prefers to live with, and a parent who gave up primary care for at least six months may support a change as well. A suit to change the primary residence within one year of the order generally needs a supporting affidavit.

San Marcos Family Law Questions Answered

How long does a divorce take for a San Marcos couple?

The minimum is 60 days from the filing date, and an agreed divorce can often be finalized soon after that. Contested cases involving children, a business, or significant assets commonly take many months. Speed depends mostly on how quickly the two sides resolve their disagreements and on the court’s calendar.

Do both spouses have to agree to the divorce?

No. Texas does not require your spouse’s consent. If one spouse meets the residency requirements and files, the case can go forward even if the other spouse objects.

Is custody in Texas always split 50/50?

No. Texas law favors frequent and continuing contact with both parents but does not guarantee equal time. Many families use a standard possession order, and parents are free to agree to an equal schedule, which a court will approve if it serves the child’s best interest.

How is child support calculated?

The 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 amount. The percentages apply only up to a cap that is adjusted periodically.

When does child support end?

Generally when the child turns 18 or graduates from high school, whichever is later, so long as the child stays enrolled and meets attendance requirements. Support for a disabled child who cannot support himself or herself may continue indefinitely.

Can we skip the 60-day wait if we agree on everything?

No. Agreement does not waive the waiting period. The only exceptions involve family violence, such as a qualifying conviction or deferred adjudication, or an active protective order based on family violence during the marriage.

We have lived together for years. Are we legally married?

Possibly. Texas recognizes informal marriage if you agreed to be married, lived together in Texas as spouses, and held yourselves out as married, or if you filed a declaration. There is no minimum time period. If you separated and nobody started a proceeding to prove the marriage within two years, the law presumes you never agreed to be married, though that presumption can be rebutted.

A friend’s custody order was written years ago. Can I get the newer standard schedule?

Only by filing a modification. The Expanded Standard Possession Order became the default for new orders where parents live within 50 miles of each other, but existing orders do not change automatically. You will also need to show the court why the change fits your child.

I’m not the biological parent, but I have raised this child. Can I seek custody or visitation?

Standing for non-parents such as stepparents has been narrowed. The law now looks to whether the person has had exclusive care, control, and possession of the child, where before the test was six months of actual care. Whether you qualify depends on your specific facts, so this is worth a consultation before you file.

The father was never listed on the birth certificate. How long do we have to establish paternity?

It depends on the child’s situation. If the child has a presumed father, a suit to adjudicate parentage generally must be filed within four years of the child’s birth, with exceptions such as misrepresentation or the parents not having lived together or had intercourse around conception. An acknowledgment of paternity can be rescinded within 60 days, and afterward challenged only for fraud, duress, or material mistake of fact.

How long does a protective order last?

Up to two years, or until the second anniversary of issuance if the order states no period. The court can set a longer term in certain cases, such as serious bodily injury or prior protective orders, and an order against someone who is a party to a divorce with the applicant runs until two years after the final decree is signed. An order can be renewed by filing a new application no more than 30 days before it expires.

Is a collaborative or mediated divorce realistic in a case with children?

Often, yes. Mediation, collaborative divorce, and cooperative divorce are designed for families who can talk to each other and want to decide for themselves rather than hand the decisions to a judge. They are usually faster and less expensive. When conflict is high or one spouse is uncomfortable proceeding without a lawyer, each spouse should have separate counsel.

Serving Family Law Clients in San Marcos and Throughout Central Texas

We represent families from the center of San Marcos and the neighborhoods around the university through Kyle, Buda, Dripping Springs, Wimberley, Driftwood, Niederwald, Mountain City, Uhland, and Hays and the rest of Hays County. Hays County cases are handled in the district courts in San Marcos, and we appear there regularly for divorce, custody, support, and modification matters.

Many families have ties across county lines, so our work extends to neighboring Travis County, including Austin, Bee Cave, Lakeway, Manor, Pflugerville, and West Lake Hills. We also serve Williamson County families in Georgetown, Round Rock, Cedar Park, Leander, Hutto, and Taylor, and Bastrop County families in Bastrop, Elgin, Smithville, and Cedar Creek. Whether your case is filed in San Marcos or in a neighboring county, the same attorney handles it from beginning to end.

Talk With a San Marcos Family Law Attorney About Your Next Step

If you are weighing divorce, trying to set up a parenting plan, or dealing with an order that no longer fits your life, a conversation with a San Marcos family law attorney can turn a vague worry into a concrete plan. At The Law Office of Oprea & Weber, you will speak with the attorney who will actually handle your case, and we will tell you plainly what your options look like and what each one is likely to involve. Call to schedule a consultation and start with a clearer picture of where you stand.