Frequently Asked Questions
– Family Law In Williamson And Travis Counties –
Family Law
Answering Frequently Asked Questions about Family Law in Williamson and Travis Counties
Find answers to common questions about family law in Williamson and Travis Counties. Choose a topic below to jump to that section.
Browse by topic
- Travis & Williamson County Court-Specific Questions
- Child Custody, Visitation, & Support Questions
- Marital Property, Debt, and Alimony Questions
- Attorney Vetting & Communication Questions
Travis & Williamson County Court-Specific Questions
Which court will my case go to in Williamson County? What about Travis County?
In Williamson County, family cases are randomly assigned among the sitting District Courts and County Courts at law. If a child custody case has previously been heard by a court, that court retains continuing exclusive jurisdiction and will be assigned any new case, such as an enforcement or modification.
In Travis County, family cases are randomly assigned among the District Courts that have been assigned family jurisdiction. If a child custody case has previously been heard by a court, that court retains continuing exclusive jurisdiction and will be assigned any new case, such as an enforcement or modification. Because Travis County maintains a central docket system, the court to which your case is assigned is not necessarily the court that will hear your case for either temporary orders or final trial.
How strict are Williamson County and Travis County family judges on temporary orders, standing orders, and local court rules?
Very! Both County Courts expect the parties to abide by the orders and comply with local rules. Parties that take matters into their own hands, or try to ‘ask for forgiveness later’ do poorly, as a general rule. You should always follow court orders and if the orders are unworkable, seek a modification.
Do local courts favor joint managing conservatorship (joint custody), or is standard possession still the default?
Conservatorship and possession are different concepts.
Joint managing conservatorship refers to parents sharing the bundle of rights that all parents have towards their children. It is presumed in Texas that sharing these rights is in the best interest of the children, though the rights are often not identical between parents.
Standard possession is the presumed parenting schedule that is presumed to be in the best interest of the children. Most courts award this in the absence of an agreement or compelling factors to do something different. Some Travis County judges are more open to shared or 50-50 possession schedules than others, especially if there is a history of utilizing this schedule or the parties’ coparenting, work, and distance issues permit.
Will we be required to go to mediation before set trial dates?
This is encouraged in all courts and required by some, depending on the court’s docket and perceived complexity of the case. Most cases do settle at mediation, but sometimes it is quicker and easier to simply proceed to trial.
Child Custody, Visitation, & Support Questions
What does a Standard Possession Order look like, and can we customize an expanded possession schedule?
In standard possession, one parent has default (primary) possession of the children and the other parent has possession every 1st, 3rd, and 5th Fridays of the month until the following Sunday or Monday, depending on whether exchanges are at the primary parent’s home or at school. Major holidays are alternated between the parents. In the summer, each parent gets an extended period of possession. The distance between the parents is a major factor in determining the exact schedule, which can include Thursdays nights during the school year.
What happens if my ex-spouse wants to relocate outside Williamson County or the Austin metro area?
The Court can (and typically does) order that the primary parent live within a certain area (the “geographic restriction”) so that the other parent can maintain a relationship with the children. Some courts will want a very tight restriction, and others not. Typically the restriction is modified or eliminated if the other parent moves away.
Marital Property, Debt, and Alimony Questions
How do we protect or divide significant assets?
Your property case is roughly composed of 5 steps:
- Identification of assets.
- Characterization of assets as either separate or community property. Only community property is divided in a divorce, and the presumption is that all property is community unless proven otherwise.
- Valuation of assets. Depending on the asset this can be simple or complicated.
- Tracing of assets. In situations where separate and community property has been commingled or otherwise used, tracing is necessary to properly account for assets according to their character.
- Distribution of assets. Absent an agreement, the Court will typically divide the property on a 50/50 basis, subject to adjustments on numerous factors. Courts generally try to minimize the number of transactions needed to settle the estate to keep costs down. Some assets are hard to divide or value and sometimes are ordered to be sold instead.
The best way to protect your assets is therefore to make an agreement with your spouse, either before or during the marriage, or to settle your case before the judge divides it for you. Parties can often craft creative outcomes that the courts cannot or will not do.
Am I eligible for spousal maintenance (alimony), or will I be required to pay it?
There are two types of spousal support: temporary and post-divorce.
Temporary spousal support is a short-term assistance from one spouse to the other while the divorce is pending, typically for a few months. The purpose of this is to ensure that both spouses can cover their expenses during the interim.
Post-divorce maintenance (alimony) is disfavored in Texas and requires that a spouse lacks the means to handle their minimum reasonable needs (from all sources, including their property division) AND that the marriage was for at least 10 years.
Parties are also free to make agreements on this subject as they choose.
Who is responsible for joint debts (credit cards, mortgages, car loans) accumulated during the marriage?
Technically there is no such thing as “community debt.” Debts are owed according to the contracts made with the lender or in the case of taxes, the party incurring the tax liability.
Debts secured by property (mortgages and car loans) are typically ordered to be paid by the party retaining that asset post-divorce.
Unsecured debts (like credit cards) typically flow to the party that incurred that debt, and are taken into account in the property division of the case.
Debts can be assigned to be paid by one party or jointly, but that does not change the creditor’s rights to obtain payment from the debtor in the contract.
Who gets to stay in the primary residence while the divorce is pending?
That is entirely dependent on the parties’ finances and if there are children, whether the home is necessary for their continued stability. If one parent is the primary caregiver, generally courts will try to ensure that person has stable housing.
Some couples also chose to cohabitate while the divorce is pending.
Attorney Vetting & Communication Questions
Are you Board Certified in Family Law by the Texas Board of Legal Specialization?
Yes, I’m Board Certified in Family Law by the Texas Board of Legal Specialization and have been licensed to practice law since 1992. Family law is all that I do.
Will you personally handle my court appearances, or will my case be handed off to an associate or paralegal?
Yes, at Sollows Family Law I will be the only attorney touching your case, I personally draft and review all legal work, and have primary contact with you, the other attorney, and the court.
What is your philosophy—do you favor aggressive court litigation or collaborative negotiation/mediation?
If a case is suited to collaboration, I highly recommend it to avoid the time, expense, and emotional toll of litigation. This requires parties that are committed to the collaborative process and who are willing to be transparent and focused on achieving both parties’ goals and interests.
There are many cases, however, where due to personal conflicts and life situations, collaboration is not workable. In those cases, I recommend aggressive litigation. In my experience, litigation is the most direct way to achieve settlement in these cases and break the power dynamics that have kept the parties from reaching agreements.
How quickly do you respond to phone calls and emails during an urgent situation?
If a matter is truly urgent, my clients have access to me as needed.
For help with your family law matter, contact our law office.
