Frequently Asked Questions
How does a military deployment affect child custody orders in Texas?
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.
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.
What makes a Board Certified Family Law attorney different from other lawyers?
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.
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.
How is military retirement divided during a Texas divorce?
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.
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.
What happens if someone dies without a will in Bell County?
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.
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.
How long do I have to file a personal injury claim in Texas?
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.
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.
Can child support be modified if my income drops or I get reassigned?
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.
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.
What is the difference between a Guardianship and a Power of Attorney?
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.
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.
How does Texas handle property division during a divorce?
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:
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
What should a landlord do if a tenant stops paying rent in Texas?
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:
Texas requires landlords to follow a strict legal eviction sequence:
- Notice to Vacate: Give written notice (typically 3 days unless the lease states otherwise) demanding payment or surrender of the property.
- File an Eviction Suit: If they don't pay or leave, file an eviction petition in the local Justice of the Peace court.
- Court Hearing: Present your lease agreement, payment records, and notices to the judge.
- Writ of Possession: If the tenant refuses to leave after losing the case, request a Constable to execute a writ and physically remove them.
Do I need a civil attorney to send a business demand letter?
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.
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.