Frequently Asked Questions

Deployments add a heavy layer of stress to custody arrangements, but Texas law keeps things fair for active-duty service members. A parent's deployment can't be used as the sole reason to permanently alter custody or parental rights.

Instead, courts usually put temporary orders in place while you're away. You can also designate a close family member-like a grandparent or step-parent-to exercise your visitation time during deployment. So your bond with your child stays protected, even when you're overseas. Once you return, those temporary changes end, and the original custody order picks back up.

In Texas, any licensed attorney can draft a divorce decree or handle a custody dispute. But board certification isn't something everyone achieves.

To earn certification from the Texas Board of Legal Specialization, an attorney must spend years focusing almost exclusively on family law, handle a substantial volume of complex cases, pass a grueling day-long exam, and earn strong peer evaluations from judges and fellow lawyers. Only a tiny fraction of Texas attorneys hold this distinction. It means your lawyer has proven, deep expertise in high-stakes custody, complex property splits, and trial work.

Military pensions count as marital property under Texas community property law, but dividing them isn't as simple as splitting a bank account. Federal law-specifically the Uniformed Services Former Spouses' Protection Act (USFSPA)-governs how and when military pay gets shared.

The division depends on how many years of marriage overlapped with active military service. If you hit the "10/10 rule" (at least 10 years of marriage during 10 years of creditable service), Defense Finance and Accounting Service (DFAS) pays the former spouse directly. If not? The military spouse pays out their ex directly instead. Plus, factors like disability pay and Survivor Benefit Plan (SBP) choices complicate things fast. Getting the exact language right in the decree is critical-and trust me, fixing a sloppy pension clause years later is a nightmare.

When a person passes away without a valid will, they die "intestate." That means Texas state law decides who gets the estate, not the deceased individual.

The court follows a strict statutory formula. Assets pass to surviving spouses, children, parents, or siblings based on exact family breakdowns and whether the property is classified as separate or community property. This often leads to surprising outcomes-like a surviving spouse having to share ownership of the family home with adult stepchildren. Dying without a will also forces the family into a costlier, lengthier probate process requiring court supervision for basic steps.

In almost all Texas personal injury cases, the statute of limitations gives you exactly two years from the date of the accident to file a lawsuit. Miss that deadline? You lose your right to recover money forever.

Still, waiting until the two-year mark is a huge mistake. Insurance adjusters start building their defense the day an accident happens. Black box data gets wiped. Skid marks fade. Witnesses forget key details. Reaching out to an attorney right away helps lock down hard evidence before it disappears.

Yes. Texas courts let you modify child support if there's been a "material and substantial change in circumstances" since the last order was signed.

Common reasons for a modification include losing a job, switching careers, having another child, or experiencing a major shift in the child's medical or educational needs. Service members getting reassigned or seeing changes in BAH/BAS allowances can also trigger a review. Just remember: verbal agreements between parents mean nothing in court. You must get the judge to sign an updated court order to legally change your payment obligation.

The main difference comes down to timing and court involvement.

A Power of Attorney is a voluntary legal document created before someone loses the ability to manage their affairs. You choose a trusted person to handle your medical or financial decisions while you're mentally competent. Fast, private, and inexpensive.

A Guardianship, on the other hand, kicks in after someone becomes incapacitated without legal documents in place. It requires a formal court proceeding, medical evaluations, and ongoing judicial oversight to ensure the appointed guardian acts properly. Courts treat guardianship as a last resort because it strips away an individual's legal rights.

Texas is a community property state. That means all property, debts, and assets acquired from the day you say "I do" until the divorce is final belong equally to the marital estate.

Notice the word isn't "50/50." The law requires a "just and right division." Courts weigh several factors when splitting things up:

• Who earned what during the marriage
• Tax consequences of dividing specific assets
• Future earning capacity and health of each spouse
• Fault in the breakup (like infidelity or cruelty)
• Care and custody of minor children

Separate property-anything you owned prior to marriage or received as a personal gift or inheritance-stays yours. Provided you can trace it with paper records.

You can't change the locks, cut off utilities, or throw a tenant's belongings on the curb. Doing that puts you on the hook for heavy financial penalties.

Texas requires landlords to follow a strict legal eviction sequence:

1. Notice to Vacate: Give written notice (typically 3 days unless the lease states otherwise) demanding payment or surrender of the property.
2. File an Eviction Suit: If they don't pay or leave, file an eviction petition in the local Justice of the Peace court.
3. Court Hearing: Present your lease agreement, payment records, and notices to the judge.
4. Writ of Possession: If the tenant refuses to leave after losing the case, request a Constable to execute a writ and physically remove them.

Cutting corners anywhere in this timeline restarts the whole process.

You can technically write a demand letter yourself. But a letter sent on an attorney's letterhead carries vastly different weight.

A formal legal demand letter lays out the facts, references specific contract breaches or statutory violations, and outlines exact legal consequences if the recipient fails to act. It signals that you're serious and fully prepared to litigate. In many civil disputes-from unpaid invoices to breach-of-contract claims-a well-crafted demand letter resolves the issue quickly, saving you tens of thousands of dollars in formal courtroom fees.

Probate in Bell County begins with filing an application at the county courthouse, followed by a court hearing to validate the will and appoint an executor. The executor then inventories assets, pays debts and taxes, and distributes property according to the will or Texas intestacy laws. Independent administration, when allowed, requires fewer court appearances and typically moves faster than dependent administration.

Texas law doesn't require an attorney for probate, but most estates benefit from legal representation due to strict filing deadlines, inventory requirements, and creditor notice rules. Executors face personal liability for errors in asset distribution or missed legal obligations. Small estates under $75,000 may qualify for simplified affidavit procedures that avoid formal probate entirely.

A will takes effect after death and goes through probate court, while a living trust transfers assets during your lifetime and avoids probate entirely. Trusts cost more to establish but provide privacy since they don't become public court records. Wills are simpler and less expensive upfront but require court supervision to distribute assets after death.

Guardianship requires a court proceeding where a judge appoints someone to make decisions for an incapacitated adult after medical evidence proves they can't manage their own affairs. The court distinguishes between guardianship of the person, which covers medical and living decisions, and guardianship of the estate, which manages financial matters. Annual accountings and court monitoring continue throughout the guardianship.

Service members should establish a durable power of attorney for financial decisions during deployment, a medical power of attorney for healthcare choices, and a will that addresses military benefits like SGLI proceeds. Deployment triggers unique planning needs since family access to accounts and legal authority becomes critical when you're overseas. Texas recognizes military powers of attorney executed on base through JAG offices.

Update your will after major life changes like marriage, divorce, births, deaths of named beneficiaries, or significant asset acquisitions. Texas doesn't automatically revoke bequests to ex-spouses after divorce, so failing to update can result in unintended inheritances. Review your will every three to five years even without major changes, since tax laws and family circumstances shift over time.

Assets with named beneficiaries like life insurance, retirement accounts, and payable-on-death bank accounts transfer directly without probate. Joint tenancy with right of survivorship and transfer-on-death deeds for real estate also bypass court proceedings. Small estates valued under $75,000 excluding homestead and exempt property can use a simplified small estate affidavit instead of full probate.

Texas intestacy laws determine who inherits based on family relationships, with surviving spouses and children receiving priority. Separate property goes entirely to children if you have them, while community property splits between your spouse and children. Without close relatives, assets can eventually pass to distant relatives or, if none exist, to the state of Texas.

Independent administration cases typically resolve in six months to a year depending on asset complexity and whether disputes arise. Dependent administration requires more court supervision and extends timelines significantly. Creditor claim periods, tax clearances, and real estate sales add time regardless of administration type, while contested wills or family disagreements can extend proceedings beyond two years.

Executors locate and secure assets, notify creditors, pay valid debts and taxes, file required court documents, and distribute property according to the will. They must act in beneficiaries' best interests, keep detailed financial records, and can be held personally liable for mismanagement or self-dealing. Independent executors have authority to act without court approval for most decisions, while dependent executors need ongoing court permission.