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Austin Divorce Attorneys / Williamson County Family Law Attorney

Williamson County Family Law Attorney

The Law Office of Oprea & Weber helps families in Williamson County work through divorce, child custody, child support, spousal maintenance, property division, paternity, and the agreements that come before and after a marriage. As a boutique divorce and family law firm serving Williamson County and the rest of Central Texas, we handle each case personally, from the first consultation to the final decree. If you are looking for a Williamson County family law attorney, you are likely dealing with something that touches your children, your home, and your income all at once.

Cases from Williamson County are filed in Georgetown, where the district courts and the county courts at law sit together at the Williamson County Justice Center. The 26th, 277th, 368th, 395th, 425th, and 480th District Courts all operate there. Which court takes your case, and what that judge expects from the lawyers appearing in it, shapes how a case should be prepared.

Family law decisions tend to outlast the case itself. A possession schedule governs your weekends for years. A property division decides who keeps the house and who carries the debt. A support order follows your paycheck. Getting those terms right the first time is far cheaper than fixing them later.

Why Choose Oprea & Weber for Williamson County Family Law

The Law Office of Oprea & Weber is led by Kevin Weber and Karen Oprea, who both graduated magna cum laude from the University of Michigan Law School. We serve families in Williamson County, along with Travis, Hays, and Bastrop Counties and the wider Central Texas region. Our practice is built around people going through divorce, custody disputes, support questions, paternity cases, and marital agreements, and around one commitment: your attorney personally handles your case, not a rotating cast of staff or junior associates.

Kevin Weber trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan. Karen Oprea 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. In family law, that background matters in practical ways. Negotiation skill settles cases on better terms. Appellate-level writing produces motions and decrees that hold up. Trial preparation gives you leverage, because the other side knows your case is ready if talks fail.

Kevin also mediates family law disputes, in addition to representing clients in mediation, so he sees both sides of the table. We keep our caseload intentionally manageable, communicate in plain language, and give you direct access to your attorney. Clients describe us as knowledgeable, thorough, and caring, and one wrote that Kevin “translates legal language into applicable information.” We prepare every case for trial while pursuing cooperative resolution whenever it is realistic.

Family Law Issues We Handle for Williamson County Families

  • Divorce: Agreed and contested divorces alike, including cases with businesses, retirement accounts, or real estate. Texas divides community property in a manner the court finds just and right, which does not always mean 50/50.
  • Collaborative, Cooperative, and Mediated Divorce: Out-of-court paths for couples who want to settle privately. In a cooperative divorce, one spouse is represented while both work through the issues together, which can lower cost when both people are committed to transparency.
  • Child Custody and Visitation: Texas uses the terms conservatorship and possession and access. Disputes often center on who designates the child’s primary residence, how holidays and summers are split, and whether a schedule works for a family spread across Round Rock, Georgetown, Cedar Park, and Austin.
  • Child Support and Spousal Maintenance: Guideline child support is a percentage of the paying parent’s net resources, and maintenance is limited to narrow eligibility grounds with statutory caps on amount and duration.
  • Paternity and SAPCR Suits: Unmarried parents establish legal parentage and resolve custody and support through a Suit Affecting the Parent-Child Relationship. Deadlines for challenging parentage are strict.
  • Prenuptial and Postnuptial Agreements: Contracts that set financial expectations before or during a marriage, particularly valuable for business owners, second marriages, and families with inherited property.
  • Modifications, Relocation, and Enforcement: Changing an existing order when circumstances shift, handling disputes over a parent moving, and enforcing orders the other party ignores.
  • Informal (Common Law) Marriage Disputes: Texas recognizes informal marriage, which means some couples need a divorce without ever having held a ceremony, and others are surprised to learn they are not legally married.

Starting a Family Law Case in Williamson County: What to Do First

Start with residency, because it decides where you can file. A divorce requires that at least one spouse has lived in Texas for six months and in the county of filing for 90 days. Only one spouse has to meet both tests. If you or your spouse recently moved into or out of Williamson County, confirm the dates before anything is filed.

Next, gather your records. Bank and credit card statements, tax returns, pay stubs, retirement account statements, mortgage and vehicle documents, and anything showing business income will be needed whether you settle or litigate. Write down your children’s school, medical, and activity schedules, because a possession schedule has to fit real life. Do not move money, hide assets, or delete messages. Courts take that conduct seriously, and it can damage your credibility.

Filing happens with the District Clerk in Georgetown, and the other spouse must be formally served or sign a waiver. A served respondent generally has about 20 days to answer. The 60-day waiting period runs from the date the petition is filed, not the date of service, and agreement between spouses does not shorten it. The only exceptions involve family violence, such as a conviction or deferred adjudication for a family violence offense against the petitioner or a household member, or an active protective order.

If there are children, temporary orders usually matter more than people expect. They decide who lives where, who pays what, and who stays in the home while the case is pending, and judges often prefer to keep those arrangements in place afterward. Do not post about the case online, do not use your children as messengers, and do not sign anything the other side hands you without having it reviewed.

Custody and Possession Rules Williamson County Parents Should Know

Texas does not guarantee an equal split of time. The law favors frequent and continuing contact with both parents, and the default schedule has changed. For new orders where the parents live within 50 miles of each other, the Expanded Standard Possession Order is now the starting point, with Thursday overnights and weekends running through Monday morning. Parents with existing orders must file a modification to adopt it. Parents can agree to an equal schedule, and courts approve those when they serve the child’s best interest.

Changing an existing custody order requires a material and substantial change in circumstances and a finding that the change is in the child’s best interest. Some grounds are specific. A child who is 12 or older can tell the judge in chambers which parent they prefer to designate the primary residence. A parent who voluntarily gave up primary care of the child for at least six months can also open the door. If you want to change the primary-residence designation within a year of the original order, an affidavit is required with specific allegations about endangerment, consent, or relinquishment.

Texas also narrowed who may ask for custody or possession. Non-parents such as stepparents must now show exclusive care, control, and possession of the child, a tighter standard than before. If you have been raising a child who is not legally yours, talk to an attorney early.

Child Support and Maintenance in Williamson County Cases

Child support is calculated as a percentage of the paying parent’s monthly net resources: 20 percent for one child, 25 percent for two, 30 percent for three, 35 percent for four, and 40 percent for five, with not less than the five-child amount for six or more. Net resources count wages, salary, overtime, tips, commissions, and bonuses at 100 percent. The percentages apply only up to a cap on net resources, which the state adjusts periodically, and a separate low-income schedule applies when net resources are very low. A court can depart from the guidelines when they would be unjust, such as when a child has extraordinary medical needs.

Modification has two routes. After three years, an order can be revisited if the amount differs from the guideline figure by 20 percent or $100. Or you can show a material and substantial change in circumstances at any time, with no waiting period. Incarceration for more than 180 days counts as such a change. Where parents agreed to support that departs from the guidelines, the court may modify only on a material and substantial change.

Spousal maintenance is narrower than most people assume. The requesting spouse must lack enough property, including separate property, to meet minimum reasonable needs, and must also fit a ground: a marriage of ten years or longer with an inability to earn enough, a recent family violence conviction or deferred adjudication against the spouse or a child, or an incapacitating disability. Monthly maintenance is capped at the lesser of $5,000 or 20 percent of the paying spouse’s average monthly gross income. Duration caps run up to five years for marriages of 10 to under 20 years, seven years for 20 to under 30 years, and ten years for 30 years or more. Disability-based maintenance can last as long as the disability continues, subject to review.

Williamson County Family Law Questions Answered

Is custody in Texas always split 50/50?

No. Texas favors frequent contact with both parents but does not require an equal division. Many families use a standard or expanded possession order, and parents can agree to an equal schedule that the court will approve if it serves the child.

How long does a divorce take in Williamson County?

The 60-day waiting period is the minimum. An agreed divorce can often be finalized soon after it ends, while contested cases involving children, businesses, or significant assets commonly take many months. The pace depends mostly on how quickly the two sides resolve their disagreements and on the court’s calendar.

Do I have to live in Williamson County to file here?

You or your spouse must have lived in Texas for six months and in the county where you file for 90 days. Only one spouse has to meet these requirements. If neither of you has been in Williamson County for 90 days, the case belongs elsewhere.

Can we skip the waiting period if we agree on everything?

No. Agreement does not waive the 60 days. The only exceptions involve family violence, such as a conviction or deferred adjudication against the respondent or an active protective order in the petitioner’s favor.

Do we both need a lawyer?

In most divorces and custody cases, each spouse hires their own attorney. In a cooperative divorce, Kevin Weber represents one spouse while working with both to resolve issues, and the other spouse proceeds without separate counsel. That works for committed, respectful couples. With significant conflict, each person should have their own lawyer.

What is a mediated divorce?

A neutral mediator helps spouses negotiate a settlement. It is usually faster, cheaper, and less stressful than trial. Kevin Weber both mediates family law disputes and represents clients in mediation, which gives him insight into how to reach agreements that last.

Can my ex and I change custody without going back to court?

You can follow a different arrangement informally, but only a signed court order is enforceable. If the informal arrangement breaks down, the original order controls. Formalizing changes protects both parents.

Is it too late to challenge paternity if a man signed an acknowledgment years ago?

Possibly. An acknowledgment can be rescinded within 60 days. After that, a signatory can challenge it only for fraud, duress, or material mistake of fact, and a non-signatory generally has four years from the effective date of the acknowledgment. Deadlines also apply when a child has a presumed father, so acting quickly matters.

If we were never formally married, can we still need a divorce?

Yes, if you meet the test for informal marriage: you agreed to be married, lived together in Texas as spouses, and held yourselves out as married. There is no minimum period of living together. If you separated, a proceeding to prove the marriage must generally begin within two years, or the law presumes you never agreed to be married.

How long does a protective order last, and does it affect my divorce?

A protective order lasts for the period stated in it, up to two years, though it can run longer in cases involving serious bodily injury or repeat orders. When the respondent is a party to a divorce with the applicant, the order lasts until two years after the final decree is signed. An active protective order can also remove the 60-day wait.

Can I move with my child to another city?

It depends on your existing order. Many orders restrict where the child may live, often to a county or surrounding area. Moving without following the order can lead to enforcement action. Relocation disputes are decided on the child’s best interest, so talk to an attorney before you list a house or sign a lease.

Serving Family Law Clients Across Williamson County

Our work for Williamson County families reaches from Georgetown, where the county’s courts sit, through Round Rock, Cedar Park, Leander, and Hutto. We also represent clients in Taylor, Liberty Hill, Florence, Jarrell, Granger, Thrall, Bartlett, and Weir, along with Brushy Creek, Sun City, and the growing neighborhoods that run along the I-35 and Highway 183 corridors. Williamson County is home to commuters, business owners, and families with roots going back generations, and their cases look very different from one another.

We also serve neighboring counties. In Travis County, we represent clients in Austin, Pflugerville, Manor, and Lakeway. In Hays County, we work with families in San Marcos, Kyle, and Buda. In Bastrop County, we serve Bastrop and the surrounding communities. If your case crosses county lines, perhaps because one parent lives in Cedar Park and the other in Austin, we can handle it as a single matter.

Talk With a Williamson County Family Law Lawyer

Whether you are weighing a divorce, trying to settle a custody dispute, or dealing with an order that no longer fits your life, a conversation with a Williamson County family law lawyer at The Law Office of Oprea & Weber is a practical place to begin. We listen first, explain your options in plain language, and build a strategy around your goals and your children. Call us to schedule a consultation and speak directly with the attorney who will handle your case.