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Austin Divorce Attorneys / Georgetown Family Law Attorney

Georgetown Family Law Attorney

The Law Office of Oprea & Weber represents Georgetown families through divorce, custody, support, paternity, and the agreements couples make before and during marriage, and the firm serves clients across Williamson County and the surrounding Central Texas counties of Travis, Hays, and Bastrop. If you are searching for a Georgetown family law attorney, you are probably weighing a decision that will shape your household for years, and the practical questions come first: which court will hear this, how long will it take, and what will it cost to get it done properly.

For Georgetown residents, the answers start at the Williamson County Justice Center in Georgetown, where the county’s district courts and county courts at law sit. Divorces and suits affecting the parent-child relationship are filed in district court, and the Williamson County District Clerk handles the filings. Knowing that your case stays close to home, and that the judges there see family cases every week, shapes how a case should be prepared.

Family law in Texas also moves on fixed clocks that surprise people. A divorce cannot be granted until the 60th day after filing, even when both spouses agree on everything. Child support follows percentages set by statute. Custody orders can only be changed on a showing the courts take seriously. The sections below walk through how these matters actually unfold for a Williamson County family.

Why Choose Oprea & Weber for Family Law Cases in Georgetown

The Law Office of Oprea & Weber is a boutique divorce and family law firm serving Georgetown and the rest of Williamson County, along with Travis, Hays, and Bastrop Counties. 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. 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 background matters in a family case because custody and property disputes are won on preparation: organized financial records, a clear theory of the case, and the ability to write and argue persuasively when a judge needs to rule. The firm prepares every file as though it may be tried, and it still steers toward cooperative resolution whenever the other side will meet it there. Kevin also mediates family law disputes and represents clients in mediation, so he sees both sides of the table when a settlement is being built.

The firm keeps its caseload intentionally manageable. Your attorney handles your case personally from the first consultation to the final decree, and you are not passed down to layers of staff or junior associates. Clients describe the firm as knowledgeable, thorough, and caring, and several mention that complicated legal language was translated into plain, usable information. That direct access and clear communication is what the firm is built around.

Family Law Issues Georgetown Residents Bring to Us

  • Divorce: Texas divides community property in a manner the court finds just and right, which is not always an even split. Georgetown households often have a mix of retirement accounts, a home with a mortgage, and sometimes a small business, each of which needs careful classification and valuation.
  • Collaborative, Cooperative, and Mediated Divorce: These out-of-court paths let spouses settle privately. In a cooperative divorce, Kevin Weber represents one spouse while working with both to resolve issues, which suits couples committed to a transparent process.
  • Child Custody and Visitation: Texas uses the terms conservatorship and possession and access. Equal time is possible by agreement, but the standard schedule is not a 50/50 split, and the details of the possession schedule drive daily life for both parents.
  • Child Support: Guideline support is a percentage of the paying parent’s monthly net resources, applied up to a statutory cap that is adjusted periodically. The percentage rises with the number of children, and courts can depart from it in appropriate cases.
  • Spousal Maintenance: Court-ordered support after divorce is limited and requires the requesting spouse to qualify under Family Code Chapter 8. It is not automatic in Texas, and the amount and duration are capped by statute.
  • Paternity and SAPCR Suits: Unmarried parents establish legal parentage and resolve custody, visitation, and support through a Suit Affecting the Parent-Child Relationship, and deadlines can bar late challenges to parentage.
  • Prenuptial and Postnuptial Agreements: Written agreements let spouses decide in advance how property, debts, and income will be treated, rather than leaving those decisions to the default rules.
  • Modifications, Relocation, and Enforcement: When an order no longer fits real life, or the other parent is not following it, the firm handles modification suits, relocation disputes, and enforcement actions.

How a Williamson County Divorce Moves From Filing to Decree

To file, at least one spouse must have lived in Texas for the preceding six months and in the county of filing for the preceding 90 days. Only one spouse has to meet that test, and the other spouse does not have to agree to the divorce. For most Georgetown residents, that means the case is filed in Williamson County.

The case begins with an Original Petition for Divorce, and the other spouse is formally served or signs a waiver of service. The 60-day waiting period runs from the date the petition is filed, not the date of service. Spouses cannot agree their way around it. The only exceptions involve family violence, such as a conviction or deferred adjudication against the respondent, or an active protective order based on family violence during the marriage.

While the case is pending, temporary orders settle the urgent questions: who lives where, who pays which bills, and what the parenting schedule looks like in the interim. These orders often set the tone for everything that follows, so they deserve real preparation even though they are called temporary. From there, the case either settles, often through mediation, or moves into discovery, where financial records, appraisals, and parenting evidence are exchanged.

Most divorces settle before trial. When they do not, the court holds hearings on the disputed issues and then a final trial. Whether by agreement or by judgment, the case ends with a Final Decree of Divorce, which sets out property, debts, conservatorship, possession, support, and any maintenance. Careless drafting here causes problems years later, which is why the decree is where the firm slows down and reads every line.

What to Do When a Family Law Problem Lands in Georgetown

Start by gathering documents before anyone files anything: recent tax returns, pay records, bank and retirement statements, mortgage and loan paperwork, and a list of property you owned before the marriage or received as a gift or inheritance. Separate property claims are won or lost on proof, and the paper trail is far easier to assemble early than under deadline pressure.

If children are involved, write down the actual rhythm of your household: who handles school, medical visits, and daily care, and what each parent’s work schedule looks like. Courts decide based on the child’s best interest, and concrete facts persuade more than general statements. Keep communications with the other parent civil and in writing where possible, because messages can end up in front of a judge.

Avoid the mistakes that cause lasting damage. Do not move money or hide assets, do not post about the case online, and do not sign anything the other side hands you without having it reviewed. If safety is a concern, a protective order may be available, and it can affect both the divorce timeline and custody. Protective orders generally last up to two years, with limited exceptions.

Filings in Williamson County go through the District Clerk at the Williamson County Justice Center in Georgetown, and contested matters are heard there by the county’s district courts. If your children live in or the case touches another county, such as Travis, Hays, or Bastrop, the filing county may differ, and sorting that out early avoids wasted motions. A consultation is the quickest way to confirm where your case belongs and what the first thirty days should look like.

Changing an Existing Order: Custody, Possession, and Support Modifications

A final order is not permanent in every respect, but it is not easy to change either. To modify conservatorship or possession, you must show that circumstances have materially and substantially changed and that the change serves the child’s best interest. A child who is at least 12 telling the judge in chambers which parent they prefer can support a change in the primary residence. So can a parent voluntarily giving up primary care for at least six months.

If you are seeking to change which parent has the exclusive right to designate the child’s primary residence within a year of the original order, Texas requires a supporting affidavit alleging specific grounds, such as danger to the child’s physical health or emotional development. That requirement filters out casual attempts to relitigate.

Child support follows its own rules. A court can modify support when three years have passed and the current amount differs from the guideline amount by 20 percent or $100, or when a material and substantial change has occurred, which has no waiting period. Incarceration for more than 180 days counts as such a change. If the original amount was set by agreement outside the guidelines, the court may modify only on a material and substantial change.

Texas also recently made the Expanded Standard Possession Order, with Thursday overnights and weekends running through Monday morning, the default for new orders when parents live within 50 miles of each other. Parents with existing orders must file a modification to adopt it, which is worth considering if your current schedule no longer matches how your family lives.

Georgetown Family Law Questions Answered

Do I have to live in Georgetown to file for divorce in Williamson County?

You must have lived in Texas for the preceding six months and in the county where you file for the preceding 90 days. Only one spouse needs to meet both requirements. If you have lived in Williamson County that long, the case is filed there.

Can we finish a divorce in less than 60 days if we agree on everything?

No. The court may not grant a divorce before the 60th day after the petition is filed, and agreement between spouses does not waive that. The exceptions are narrow and tied to family violence. An agreed divorce can often be finalized soon after day 60.

Is custody in Texas always split 50/50?

No. The law favors frequent and continuing contact with both parents, but that is not the same as an equal split. Parents may agree to an equal schedule, and courts approve it when it serves the child’s best interest.

How is child support calculated?

Guidelines apply a percentage to the paying parent’s monthly net resources: 20 percent 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 up to a statutory cap that is adjusted periodically, and a lower schedule applies to very low-income payors.

Does a wage-earning parent’s overtime or bonus count?

Yes. Net resources include all wage and salary income and other compensation for personal services, including commissions, overtime pay, tips, and bonuses. Variable pay can raise the support figure, so accurate pay records matter.

Who qualifies for spousal maintenance after a Texas divorce?

The spouse asking for it must lack enough property, including separate property, to meet minimum reasonable needs, and must also fit a qualifying ground. Those include a marriage of ten years or more where the requesting spouse cannot earn enough, a family violence conviction or deferred adjudication within the prescribed window, or an incapacitating disability. Monthly maintenance is capped at the lesser of a fixed dollar amount or 20 percent of the paying spouse’s average monthly gross income.

How long can spousal maintenance last?

Duration depends on the length of the marriage: up to five years for marriages of ten to under twenty years, seven years for twenty to under thirty, and ten years for thirty or more. Family violence cases can support up to five years even in a shorter marriage. Maintenance based on disability can continue as long as the disability does, subject to periodic review.

We lived together for years but never had a ceremony. Are we divorced if we split up?

Not necessarily. Texas recognizes informal marriage if the couple signed a declaration or 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 there was no agreement to be married. If an informal marriage exists, a divorce is needed to end it.

I signed an acknowledgment of paternity. Can I undo it?

An acknowledgment can be rescinded within 60 days of signing. After that, a signatory can challenge it only on grounds of fraud, duress, or material mistake of fact, and before an order affecting the child is issued. Other deadlines apply to suits to adjudicate paternity, generally four years from the child’s birth or from the acknowledgment, with limited exceptions.

Can a stepparent seek custody or visitation?

Texas narrowed standing for non-parents such as stepparents. The statute now refers to exclusive care, control, and possession of the child, which is a harder showing than the prior standard of six months of actual care, control, and possession. Whether a stepparent qualifies depends on the specific facts.

Is hiring a lawyer worthwhile in a simple, agreed divorce?

Often yes, because the decree is what governs your life afterward. Retirement account division, property titles, and parenting provisions must be drafted precisely to be enforceable. A cooperative divorce, where one attorney works with both spouses, can keep costs down when both are committed to a transparent process.

How long does a contested case take?

The 60-day wait is only the minimum. Contested divorces involving children, businesses, or significant assets commonly take many months, driven by how quickly issues resolve and by the court’s calendar.

Georgetown Family Law Clients Across Williamson County and Central Texas

The firm represents families throughout Williamson County, starting in Georgetown and extending to Round Rock, Cedar Park, Leander, Taylor, Hutto, Liberty Hill, Florence, Jarrell, Granger, Bartlett, Weir, and Thrall, along with the neighborhoods and unincorporated communities that surround them. Families living near Sun City, in the Berry Creek and Wolf Ranch areas, and out toward Andice and Walburg are covered as well.

The firm also serves clients in neighboring Travis County, including Austin, Pflugerville, Manor, Lakeway, and Bee Cave, and in Hays County, including San Marcos, Kyle, Buda, and Wimberley. In Bastrop County, clients come from Bastrop, Elgin, Smithville, and Cedar Creek. Whether your case belongs in a Williamson County district court or in a court in one of those neighboring counties, the same attorney carries it from beginning to end.

Speak With a Georgetown Family Law Lawyer Today

If you are considering divorce, working out a parenting plan, trying to change an order that no longer works, or planning a marital agreement, a conversation with a Georgetown family law lawyer at Oprea & Weber will tell you where you stand and what comes next. The firm will explain your options in plain language and build a strategy around your priorities. Call to schedule a consultation and speak directly with an attorney who will handle your case personally.