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Austin Divorce Attorneys / Round Rock Family Law Attorney

Round Rock Family Law Attorney

Round Rock sits in Williamson County, which means a divorce or custody case filed by a Round Rock family is heard in Georgetown, not in downtown Austin, and that single fact shapes everything from the judge you appear before to the commute for every hearing. The Law Office of Oprea & Weber is a boutique divorce and family law firm that handles divorce, custody, support, property division, and marital agreements for families in Round Rock, Williamson County, and the rest of Central Texas.

If you are searching for a Round Rock family law attorney, the practical questions tend to come first: where does my case get filed, how long before anything can be finalized, what will the children’s schedule look like, and what happens to the house and retirement accounts. The sections below answer those questions with the specific rules Texas applies, so you can see what your own situation is likely to involve before you ever sit down with a lawyer.

Why Choose The Law Office of Oprea & Weber for Round Rock Family Law Cases

The Law Office of Oprea & Weber is a boutique firm built around divorce and family law, serving clients in Williamson, Travis, Hays, and Bastrop Counties, with Round Rock families among those we work with. 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 matters in family cases where a business, a stock compensation package, or a tangled set of accounts has to be understood before it can be divided. 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, so the firm knows how a trial record gets reviewed and builds cases with that in mind.

How the firm operates is as important as the credentials. We keep 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 making decisions about your case, with options explained in plain language. Kevin also mediates family law disputes and represents clients in mediation, which gives him a working view of what settlements hold up. 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 the experience as thorough, professional, and caring, and several credit Kevin with making them feel supported and heard while translating legal language into information they could act on.

Family Law Issues We Handle for Round Rock Households

  • Divorce: Agreed and contested divorces both begin with a petition and the same 60-day minimum wait. Disputes usually center on the house, retirement accounts, business interests, and who keeps the children’s primary residence.
  • Child Custody and Possession: Texas uses the terms conservatorship and possession and access. New orders for parents living within 50 miles of each other now default to the Expanded Standard Possession Order, which adds Thursday overnights and extends weekends through Monday morning, a meaningful difference for Round Rock parents who both stay in the Austin area.
  • Child Support: Guideline support is a percentage of the paying parent’s net monthly resources, applied up to a cap that the state adjusts periodically. Bonuses, overtime, and commissions count, which matters for the many Round Rock households with variable tech-sector pay.
  • Spousal Maintenance: Post-divorce support is limited by statute. It is generally tied to a marriage of at least ten years, family violence, or a disabling condition, and it is capped at the lesser of a fixed dollar amount or 20 percent of the paying spouse’s average monthly gross income.
  • Property Division: Texas is a community property state and courts divide the marital estate in a manner that is “just and right,” which does not always mean 50/50. Real estate, equity compensation, and retirement accounts need careful tracing and valuation.
  • Prenuptial and Postnuptial Agreements: These documents let spouses set financial terms in advance or reset them mid-marriage, and they are especially useful where one spouse owns a business or expects an inheritance.
  • Paternity and SAPCR Suits: Unmarried parents use a Suit Affecting the Parent-Child Relationship to establish parentage, custody, and support. Time limits apply to challenging a presumed or acknowledged father, so delay can close doors.
  • Modifications, Relocation, and Enforcement: Existing orders can be changed on a material and substantial change in circumstances, and orders that are being ignored can be enforced through the court.

What to Do and Where Your Case Goes if You Live in Round Rock

Start with residency, because it controls where you can file. Texas requires that at least one spouse has lived in the state for six months and in the county of filing for 90 days. Only one spouse has to meet both requirements, and the spouses do not have to agree to the divorce. For most Round Rock residents, the filing county is Williamson, and the district courts there sit at the Williamson County Justice Center in Georgetown. The county’s district courts include the 26th, 277th, 368th, 395th, 425th, and 480th, alongside the County Courts at Law. If you recently moved from Travis County, count your 90 days carefully before filing, since filing in the wrong county can cost you time and force a transfer.

Next, gather documents before anything is filed. Pull several years of tax returns, recent pay stubs, bank and brokerage statements, retirement account statements, mortgage and loan records, and anything showing the value of a business. If you suspect assets are being moved or hidden, preserve copies now rather than after a petition is served. Do not delete messages, close accounts, or retitle property on your own, because a court may later treat those moves as improper and many family courts issue standing orders that restrict them once a case is pending.

Timing is the point most people get wrong. The 60-day waiting period runs from the date the petition is filed, not the date the other spouse is served, and an agreement between spouses does not shorten it. The only exceptions involve family violence, such as a conviction or deferred adjudication of the respondent for a family violence offense against the petitioner or a household member, or an active protective order. In practice, that means even an entirely agreed divorce cannot be signed before day 60, so many families file early to start the clock while they negotiate.

If safety is a concern, a protective order can be requested separately and can run up to two years, with longer terms available in limited circumstances. If the order is issued against a spouse who is a party to a divorce with the applicant, it can last until the second anniversary of the final decree. Tell your attorney about any safety issue at the first meeting, because it can change the timeline and the temporary orders you ask for.

Finally, think about temporary orders early. Once a case is filed, either spouse can ask the court for orders on where the children will live, who pays which bills, and who stays in the home while the case is pending. Those orders often set the pattern that carries into the final decree, so they deserve preparation rather than improvisation. Avoid discussing your case on social media, avoid using the children as messengers, and avoid signing anything the other side drafts before a lawyer has reviewed it.

How Texas Courts Handle Custody Changes, Support Adjustments, and Parentage Disputes

Many Round Rock families come to a family law attorney not for a first divorce but because an existing order no longer fits. Custody and possession can be modified only when circumstances have materially and substantially changed and the change serves the child’s best interest. Texas also recognizes specific grounds, including a child who is at least 12 telling the judge in chambers which parent the child prefers to have the right to designate the primary residence, or a primary-residence parent who voluntarily gave up primary care for at least six months. A suit to change the primary-residence right filed within a year of the order generally requires a supporting affidavit alleging endangerment, consent, or relinquishment. Parents with older possession orders who want the Expanded Standard Possession Order must file a modification to adopt it.

Child support follows its own rules. A modification is available 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 carries no minimum waiting period. If the parents agreed to an amount outside the guidelines, the court may change it only on a material and substantial change. Incarceration lasting more than 180 days counts as such a change.

Parentage has deadlines that surprise people. A challenge to a presumed father’s status generally must begin by the fourth anniversary of the child’s birth, subject to exceptions such as the parents not living together or having relations during the likely time of conception, or misrepresentation. An acknowledgment of paternity can be rescinded within 60 days of signing; after that it can be challenged only for fraud, duress, or material mistake of fact. Stepparents and other non-parents also face narrower standing to seek custody or possession than they once did, because the law now looks to exclusive care, control, and possession of the child.

Round Rock Family Law Questions Answered

Which court will hear my divorce if I live in Round Rock?

Most Round Rock residents file in Williamson County district court in Georgetown, provided they have lived in the county at least 90 days. Cases involving a spouse who recently lived in Travis County may need to be filed there instead, so confirm your residency dates before filing.

How long does a Round Rock divorce take?

The court cannot grant a divorce before the 60th day after filing, and that minimum applies even when both spouses agree. Agreed cases can finish soon after that point, while contested cases involving children, businesses, or large estates commonly run many months.

Is custody in Texas always split 50/50?

No. Texas favors frequent and continuing contact with both parents but does not guarantee an equal split. Parents may agree to an equal schedule, and a court will approve it if it serves the child’s best interest.

What is the Expanded Standard Possession Order?

It is the default schedule for new orders when parents live within 50 miles of each other. It adds Thursday overnights and extends weekend possession through Monday morning. Parents with older orders must file a modification to switch to it.

How is child support calculated?

Texas applies 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 six or more children at not less than the five-child amount. Lower percentages apply when net resources are below the low-income threshold, and the percentages apply only up to a cap that is adjusted periodically.

Can I get spousal maintenance after a short marriage?

Usually not. Eligibility generally requires a marriage of at least ten years where you cannot earn enough to meet minimum reasonable needs, or a family violence conviction or deferred adjudication against your spouse within two years of filing, or an incapacitating disability. The ten-year ground also carries a presumption against maintenance unless you can show diligence in earning income or developing skills.

Do we both need a lawyer for an agreed divorce?

Often each spouse retains their own attorney. In a cooperative divorce, Kevin Weber represents one spouse while working with both to resolve issues together, and the other spouse proceeds without separate counsel. That approach suits couples committed to a transparent process, but when conflict is significant, each spouse should have their own lawyer.

Can we be treated as married without a ceremony?

Texas recognizes informal marriage if a couple signs and files a declaration, or if they 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 the couple did not agree to be married, so timing matters when ending a relationship like this.

What happens if my spouse never responds to the petition?

If a served spouse does not file an answer by the deadline, the court may grant a default divorce based on the filing spouse’s requests. The decree still has to address property, custody, and support correctly, so a default case calls for careful drafting rather than a shortcut.

Does a protective order change how my divorce proceeds?

It can. An active protective order based on family violence removes the 60-day waiting period, and protective orders can affect temporary possession and access. One issued against a spouse in a pending divorce can last until the second anniversary of the signed decree.

Is it worth hiring a lawyer if we mostly agree?

Often, yes. The risk in an agreed case is a decree that is vague, incomplete, or hard to enforce, and mistakes in dividing retirement accounts or drafting possession terms are costly to fix later. A lawyer can keep the process cooperative while making sure the final orders hold up.

Serving Family Law Clients Across Round Rock and Williamson County

Our work for Round Rock families begins in Williamson County and extends across Central Texas. Within Round Rock itself, we represent clients from neighborhoods near the Dell Diamond and downtown Round Rock, through the areas around Teravista, Brushy Creek, and Forest Creek, and into the communities along the Old Settlers Park corridor. We also serve families in Georgetown, Cedar Park, Leander, Hutto, Taylor, Liberty Hill, Pflugerville’s northern edge, and Jarrell, as well as the smaller communities around them.

Because family law cases frequently cross county lines, we also represent clients in Travis County, including Austin, Pflugerville, Manor, Lakeway, and Bee Cave; in Hays County, including San Marcos, Kyle, and Buda; and in Bastrop County, including Bastrop, Elgin, and Smithville. Whether your case is heard in Georgetown, in downtown Austin, in San Marcos, or in Bastrop, we handle divorce, custody, support, and modification matters with the same level of attorney involvement.

Talk With a Round Rock Family Law Attorney at Oprea & Weber

The first conversation with a Round Rock family law attorney should leave you with a clear picture of where your case will be filed, what timeline to expect, and which issues are likely to be contested. At The Law Office of Oprea & Weber, that conversation is with an attorney who will personally handle your case, not a screener. Call to schedule a consultation and we will walk through your residency, your children, your finances, and the options available, whether your goal is a cooperative resolution or preparation for a courtroom.