Lakeway Family Law Attorney
Families in Lakeway generally land in a Travis County district court for divorce and custody cases, which means filing, hearings, and trial dates run through the courthouse in downtown Austin rather than anywhere in the village itself. The Law Office of Oprea & Weber is a boutique divorce and family law firm serving Lakeway, Travis County, and the surrounding Central Texas counties, and a Lakeway family law attorney from our firm handles divorce, custody, support, property division, marital agreements, paternity, and post-divorce modifications.
Lakeway cases often turn on things a standard form cannot capture: a lakefront or hill country home with significant equity, a business owned by one spouse, retirement accounts built over two careers, or parents whose work schedules and commutes make a rigid possession calendar unworkable. Each of those details shapes how property is divided, how a parenting plan is written, and how much a case costs to resolve. The sections below walk through what actually matters for a family law case from Lakeway, from residency rules to what has changed in Texas possession orders.
Why Choose Oprea & Weber for Your Lakeway Family Law Case
The Law Office of Oprea & Weber represents clients in Lakeway and throughout Travis, Williamson, Hays, and Bastrop Counties. 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. The firm keeps a deliberately manageable caseload, and your attorney personally handles your case from the first consultation to the final decree. You are not passed to layers of staff or junior associates, and you get direct access to the lawyer who knows your file, with explanations in plain language.
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, which is useful when a Lakeway divorce involves a closely held business, layered assets, or a spouse whose finances take real work to untangle. Kevin also mediates family law disputes and represents clients in mediation, so he understands from both sides of the table 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, and that appellate discipline shapes how the firm builds a record and drafts orders that are precise enough to survive later disputes.
Clients describe the firm as knowledgeable, thorough, and caring. One client wrote that Kevin “translates legal language into applicable information” and made sure she always felt supported and heard. Another, who came by personal referral for a child custody matter, said he helped hold their family steady through a very emotional situation. The firm prefers cooperative resolution when it is realistic and prepares every case for trial so that negotiation happens from a position of strength.
Family Law Issues We Handle for Lakeway Residents
- Divorce and Property Division: Texas is a community property state, and the court divides the marital estate in a just and right manner, which does not always mean equally. Homes with substantial equity, business interests, stock compensation, and retirement accounts require careful characterization of what is community and what is separate property.
- Collaborative, Cooperative, and Mediated Divorce: Couples who can talk can often resolve everything privately. In a cooperative divorce, one attorney represents one spouse while working with both to reach terms, and the firm also handles collaborative divorce and mediation.
- Child Custody and Possession Schedules: Texas uses conservatorship for decision-making and possession and access for time with each parent. Lakeway parents who live and work in different directions need schedules that function in real traffic and real school calendars.
- Child Support: Support is a guideline percentage of the paying parent’s net monthly resources, applied up to a cap that is adjusted periodically, with bonuses, commissions, and overtime counted as income.
- Spousal Maintenance: Post-divorce support is limited by statute and available only if the requesting spouse meets specific eligibility grounds, such as a long marriage with an inability to earn enough, family violence, or a disabling condition.
- Prenuptial and Postnuptial Agreements: Agreements that define separate property and financial expectations are especially useful when one spouse owns a business, expects an inheritance, or brings significant assets into a marriage.
- Paternity and SAPCR Suits: Unmarried parents establish legal parentage and resolve custody, visitation, and support through a Suit Affecting the Parent-Child Relationship.
- Modifications, Relocation, and Enforcement: When incomes, schedules, or addresses change, or when the other parent ignores the order, we pursue changes or enforcement through the court.
What to Do First When a Family Law Case Is on the Horizon in Lakeway
Start with residency, because it decides where you can file. A Texas divorce requires that at least one spouse has been a Texas resident for six months and a resident of the filing county for 90 days. Only one spouse has to meet both tests, and the other spouse does not need to agree to the divorce. For Lakeway residents, the county is Travis, and the case is heard in a Travis County district court at the Civil and Family Courts Facility in Austin. Contested hearings and trials there are held in person unless the parties agree otherwise or the judge says differently, so plan for travel to the courthouse. Travis County also publishes a standing order for family law cases, and it is worth reading early because it sets baseline conduct expectations once a case is pending.
Next, gather documents before anyone is on the defensive: recent tax returns, bank and brokerage statements, retirement account statements, mortgage and property records, business financials if either spouse owns a company, and pay records including bonuses and stock compensation. If children are involved, start a simple record of who handles school, medical care, and daily routines. Courts and mediators respond to a concrete picture of parenting far more than to general assertions.
Be careful with the pressure points. Do not move money out of joint accounts or run up debt, do not discuss the case with the children, and do not post about the other parent online. If there is any family violence, safety comes first. A protective order lasts for the period stated in the order, generally up to two years, and when the other party is also your spouse in a divorce, it can run until the second anniversary of the signing of the final decree. Having an active protective order also removes the usual 60-day wait for a divorce.
If you are the one being served, do not ignore the papers. A respondent generally has until the Monday following 20 days after service to file an answer, and missing it can allow a default. Temporary orders are often the most consequential early step, since they set who lives where, who pays what, and how the children’s time is divided while the case is pending. Talking with an attorney before filing or responding lets you shape those orders instead of reacting to them.
The 60-Day Wait, Mediation, and How a Lakeway Divorce Actually Moves
No Texas court may grant a divorce before the 60th day after the petition is filed. The clock starts at filing, not at service, and agreement between spouses does not shorten it. The exceptions involve family violence: a conviction or deferred adjudication for a family violence offense against the petitioner or a household member, or an active protective order or emergency magistrate’s order based on family violence during the marriage. A decree signed before day 60 outside those exceptions is not open to collateral attack later, but nobody should plan around that.
What fills those 60 days depends on the couple. Spouses who agree on property, children, and support can use the time to draft the settlement and decree so it is ready to sign the moment the waiting period ends. Contested cases use it for temporary orders, discovery, and mediation. Most divorces settle before trial, and a mediator, often an experienced family lawyer, helps spouses close the remaining gaps. When mediation fails or is not appropriate, the case proceeds to hearings and a final trial, and our trial preparation from day one is what makes that outcome manageable rather than frightening.
Texas Possession Orders and Support Rules Lakeway Parents Should Know
For new orders, the Expanded Standard Possession Order is now the default when the parents live within 50 miles of each other. It gives the non-primary parent Thursday overnights and weekends that run through Monday morning, which is more time than the older standard schedule. Parents with existing orders do not receive the change automatically; they must file a modification to adopt it. Parents may also agree to any schedule that serves the child’s best interest, including an equal split.
Modifying custody or possession generally requires showing a material and substantial change in circumstances and that the change is in the child’s best interest. Specific grounds exist, such as a child aged 12 or older telling the judge in chambers which parent they prefer to designate the primary residence, or a primary conservator voluntarily giving up primary care for at least six months. Seeking to change the primary-residence designation within a year of the original order requires an attached affidavit alleging endangerment, consent by the primary conservator, or voluntary relinquishment.
Child support can be modified when a material and substantial change occurs, with no minimum waiting period, or when three years have passed and the amount differs from the guideline by 20 percent or $100. If the original support was an agreed amount that departed from the guidelines, the court may modify only on a material and substantial change. Incarceration for more than 180 days counts as such a change.
Questions Lakeway Families Ask About Texas Family Law
Do I have to file for divorce in Travis County if I live in Lakeway?
If you meet the six-month state and 90-day county residency requirements, your case is filed in the county where you have lived for those 90 days. For Lakeway residents, that is Travis County, and the case is assigned to one of its district courts.
Is custody in Texas split 50/50?
Not automatically. Texas favors frequent and continuing contact with both parents, but the court looks at the child’s best interest. Many families use the standard schedule, and parents can agree on an equal arrangement that the court will approve if it serves the child.
How is child support calculated?
The guidelines apply a percentage of the paying parent’s net monthly resources: 20 percent for one child, 25 for two, 30 for three, 35 for four, and 40 for five, with at least the five-child percentage for six or more. The percentages apply only up to a cap that is periodically adjusted, and lower percentages apply when net resources are very low. Wages, bonuses, tips, commissions, and overtime all count.
Can I get spousal maintenance after a divorce?
Only if you meet the statutory requirements. The usual routes are a marriage of at least 10 years where you cannot earn enough to meet minimum reasonable needs, a family violence conviction or deferred adjudication within two years before filing or during the case, or an incapacitating disability. You must also lack enough property, including separate property, to meet minimum reasonable needs. Monthly maintenance is capped at the lesser of $5,000 or 20 percent of the paying spouse’s average monthly gross income.
How long can spousal maintenance last?
For the 10-year ground, up to five years for a marriage of 10 to under 20 years, seven years for 20 to under 30 years, and ten years for 30 years or more. Family violence cases can support up to five years even in a marriage under 10 years, and disability-based maintenance can continue as long as the disability does, subject to review.
Can a common law marriage require a divorce in Texas?
Yes. An informal marriage can be proved by a declaration filed with the county or by showing you agreed to be married, lived together in Texas as spouses, and held yourselves 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 marry, which makes timing important.
What happens if my ex does not follow our custody or support order?
You can file an enforcement action asking the court to compel compliance. Detailed, clearly drafted orders make enforcement far easier, which is why precise decree drafting matters from the start.
Can a stepparent seek custody or visitation in Texas?
Standing for non-parents has been narrowed. The law now refers to exclusive care, control, and possession, whereas it previously turned on six months of actual care, control, and possession. Stepparents and others should talk to a lawyer before assuming they can bring a suit.
How long do I have to challenge paternity?
Time limits are tight. If a child has a presumed father, a suit to adjudicate parentage generally must be brought within four years of the child’s birth, subject to exceptions such as the parents not living together or having intercourse around the time of conception, or misrepresentation. An acknowledgment of paternity can be rescinded within 60 days of signing, and after that it can be challenged only on grounds of fraud, duress, or material mistake of fact.
Is it worth hiring a lawyer for an uncontested divorce?
Often yes, because an agreed divorce still requires a decree that correctly divides property and debts, retirement accounts, and sets conservatorship and support. Errors in an agreed decree can be difficult and expensive to fix later.
How long does a Travis County divorce take?
The 60-day wait is the minimum. An agreed divorce can often be finalized shortly after that. Contested cases involving children, businesses, or significant assets commonly take many months, depending on the spouses’ willingness to settle and the court’s calendar.
Serving Lakeway Family Law Clients Across Travis County and Central Texas
Our work begins with Lakeway and the Travis County communities around it, including Bee Cave, Rollingwood, West Lake Hills, Briarcliff, Spicewood, Volente, Jonestown, Pflugerville, Manor, and Austin neighborhoods from Westlake and Barton Creek to downtown, East Austin, and South Austin. We also represent families in Williamson County, including Cedar Park, Leander, Round Rock, Georgetown, Liberty Hill, and Hutto, where family cases are heard at the justice center in Georgetown.
In Hays County, we serve clients in Dripping Springs, Buda, Kyle, and San Marcos, home to the county’s district courts. In Bastrop County, our reach includes Bastrop, Elgin, and Smithville, with cases heard by the district courts in Bastrop. Whether the matter is a divorce, a custody dispute, a paternity action, or a modification of an existing order, we handle cases wherever Central Texas families need them.
Talk With a Lakeway Family Law Attorney at Oprea & Weber
If you are weighing a divorce, working out a parenting plan, or need an existing order changed, a conversation with a Lakeway family law attorney can clarify your options before you commit to a path. Call The Law Office of Oprea & Weber to schedule a consultation, and you will speak with a lawyer who will personally handle your case, explain your options plainly, and build a strategy around what matters most to your family.