Frequently Asked Questions (FAQ)

Below are answers to common questions we hear from clients in the Houston area, including Friendswood and throughout Harris, Galveston, and Brazoria Counties. Every situation is unique. If you want advice tailored to your circumstances, schedule a consultation.

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Family Law FAQs

How long does a divorce take in Texas?

Texas requires a minimum 60-day waiting period from filing to finalization. The actual timeline depends on disputed issues, cooperation between spouses, court schedules, and whether mediation resolves the case. Uncontested divorces can finalize shortly after the waiting period; contested cases may take six months to over a year.

What is the difference between contested and uncontested divorce?

An uncontested divorce means spouses agree on all major terms—property division, parenting arrangements, and support. A contested divorce means one or more issues remain disputed and must be resolved through negotiation, mediation, or trial. Many cases start contested and settle before trial.

How is child custody determined in Texas?

Texas uses the term “conservatorship” for custody. Courts consider the child’s best interest, including each parent’s involvement, the child’s preferences (if old enough), stability, and any history of family violence. Most cases result in joint managing conservatorship with one parent having the right to designate primary residence.

How is child support calculated?

Texas uses guideline calculations based on the paying parent’s net resources and the number of children. The guidelines provide percentages (e.g., 20% for one child, 25% for two). Support calculations become more complex with self-employment income, bonuses, overtime, or when the payor has children from multiple relationships.

Can custody or support orders be modified later?

Yes, if circumstances have materially and substantially changed since the last order. Common grounds include job changes, relocation, changes in the child’s needs, or a parent’s remarriage. Modifications require court approval—you cannot unilaterally change the terms.

What if my spouse owns a business or we have complex assets?

Divorces involving businesses, investment properties, or complex compensation require careful analysis of what’s community versus separate property, how to value assets, and negotiation strategy. Early planning and clean documentation help avoid expensive mistakes and lengthy disputes.

When should we start working on a prenuptial agreement?

Earlier is better—ideally several months before the wedding. Rushing creates stress and can raise enforceability questions later. Each party should have independent legal advice to ensure informed decision-making and reduce future disputes about fairness.

See: Family Law Services

Estate Planning FAQs

Do I really need a will if I don’t have much?

Yes. Without a will, Texas intestacy laws determine who inherits your assets—and the result may not match your wishes. A will also lets you name guardians for minor children and an executor to handle your estate. Even modest estates benefit from clear instructions.

What’s the difference between a will and a trust?

A will takes effect at death and goes through probate. A trust can take effect during your lifetime, avoid probate for assets it holds, and provide ongoing management if you become incapacitated. Trusts offer more control and privacy but involve more upfront work and cost.

What is probate, and can I avoid it?

Probate is the court-supervised process of validating a will, paying debts, and distributing assets. Texas has relatively efficient probate procedures, but you can reduce or avoid probate through tools like revocable trusts, transfer-on-death deeds, and beneficiary designations on accounts.

What estate planning documents do I need?

Most Texans need at minimum: a will, a durable power of attorney (financial decisions), a medical power of attorney (healthcare decisions), and a HIPAA authorization. Depending on your situation, you may also benefit from a trust, directive to physicians, or declaration of guardian.

How often should I update my estate plan?

Review your plan after major life events—marriage, divorce, births, deaths, significant asset changes, or moves to a new state. Even without major changes, a review every three to five years ensures your documents still reflect your wishes and current law.

What if a family member needs a guardian?

If an adult can no longer manage their own affairs due to incapacity, a court may appoint a guardian of the person (for personal and medical decisions) and/or guardian of the estate (for financial matters). Guardianship is a court-supervised process with ongoing reporting requirements.

See: Estate Planning Services

Real Estate FAQs

Do I need a lawyer to buy or sell property in Texas?

Texas doesn’t require attorney involvement in routine closings, but having counsel review contracts, title commitments, and closing documents can catch issues before they become expensive problems—especially for commercial transactions, unusual title situations, or properties with liens or easements.

What is a title commitment, and why does it matter?

A title commitment shows the current state of title and lists requirements and exceptions for issuing title insurance. Reviewing it carefully reveals liens, easements, restrictions, or defects that could affect your ownership rights or intended use of the property.

What’s the difference between warranty deeds and quitclaim deeds?

A general warranty deed provides the strongest buyer protection—the seller guarantees clear title against all claims. A special warranty deed only covers the seller’s period of ownership. A quitclaim deed transfers whatever interest the seller has (if any) with no warranties at all.

What should I know about commercial leases in Texas?

Commercial leases are negotiable and typically favor landlords in their initial form. Key issues include rent escalation, CAM charges, maintenance responsibilities, permitted use, assignment and subletting rights, default provisions, and personal guarantees. Have counsel review before signing.

What are my options if a real estate deal falls through?

It depends on why it failed and what the contract says. Earnest money disputes are common. You may be entitled to keep or recover earnest money, seek specific performance, or pursue damages—but the contract terms and facts determine your options.

What is a construction lien, and how do deadlines work?

Texas law allows contractors, subcontractors, and suppliers to file liens against property for unpaid work. Strict notice and deadline requirements apply. Missing a deadline can forfeit lien rights entirely. If you’re owed money or facing a lien claim, timing is critical.

See: Real Estate Services

Business & Commercial FAQs

Should I form an LLC or a corporation?

It depends on your goals, tax situation, and how you plan to operate. LLCs offer flexibility and simpler administration. Corporations may be better for raising outside investment or certain tax strategies. The right choice depends on your specific circumstances—there’s no one-size-fits-all answer.

Do I really need an operating agreement for my LLC?

Yes. Without one, Texas default rules govern—and those rules may not match what you and your co-owners intended. An operating agreement addresses ownership percentages, profit distribution, decision-making, what happens if someone wants out, and dispute resolution.

When should I have a lawyer review a contract?

Before you sign—especially for significant dollar amounts, long-term commitments, or contracts the other side drafted. It’s far cheaper to negotiate better terms upfront than to litigate a bad contract later. Key issues often hide in boilerplate language.

What should I do if a customer won’t pay?

Start with a clear demand letter. If that doesn’t work, evaluate whether the amount justifies litigation, what assets the debtor has, and whether your contract includes attorney’s fee provisions. Sometimes a well-crafted demand resolves the issue; other times you need to file suit.

What is outside general counsel, and is it right for my business?

Outside general counsel means engaging a law firm to serve as your ongoing legal advisor—handling day-to-day questions, contracts, compliance, and strategy—without hiring a full-time in-house lawyer. It’s often a good fit for growing companies with recurring legal needs but not enough volume for a full-time hire.

How do I protect myself when buying or selling a business?

Due diligence is critical—review financials, contracts, employees, liabilities, and legal compliance. The purchase agreement should address representations and warranties, indemnification, non-competes, and transition support. Skipping steps to close faster often leads to expensive surprises. Sometimes, it is well advised to purchase all or substantially all the assets of a business rather than the business entity itself in order to avoid assuming liability. Each deal is different, and it is important to discuss the particulars of any contemplated transaction with experienced business transactional counsel.

See: Business & Commercial Services

Working With Our Firm

What areas do you serve?

We’re based in Friendswood and serve clients throughout the Houston metro area, including but not limited to Harris, Galveston, and Brazoria Counties. For transactional matters, we can often work with clients anywhere in Texas.

How much does a consultation cost?

Initial consultations are free. We’ll discuss your situation, answer preliminary questions, and explain how we might help. There’s no obligation to hire us afterward.

How do you charge for legal services?

It depends on the matter. Some services (like uncontested divorces or basic estate plans) are flat fee. Others are hourly or contingency fee based. We’ll explain the fee structure clearly before you commit to anything.

What should I bring to my first meeting?

Any documents relevant to your matter—contracts, court papers, deeds, financial statements, correspondence, or prior legal documents. If you’re not sure what’s relevant, bring what you have and we’ll sort through it together.

How quickly can I expect responses to my questions?

We aim to respond to client communications within one business day. Urgent matters get priority. We’ll also set clear expectations at the outset about communication preferences and availability.

Ready to talk?

If you want clear guidance tailored to your situation, schedule a consultation. We’ll help you understand your options and map out practical next steps.

Call (832) 889-3229
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