Family Law Attorney
Katy & Fulshear, Texas

Filing in the wrong county is a jurisdictional error that will ultimately require the case to be transferred or refiled in the correct county — wasting time, filing fees, and potentially affecting your case strategy. It is one of the most avoidable errors in Katy and Fulshear family law cases. Your family law attorney verifies county from your home address before anything is filed.

Texas requires a mandatory 60-day waiting period from filing. From there, timeline depends on complexity:

• Uncontested (no children): 60–90 days
• Uncontested (with children): 60–120 days
• Contested — moderate complexity: 6–12 months
• High-asset with business, real estate, or retirement accounts: 12 months to 2+ years

Yes. Property acquired during the marriage is generally community property subject to just and right division — not automatically 50/50. Courts consider earning capacity, children's needs, fault, and other factors. Separate property — owned before marriage, received as a gift, or inherited — is not subject to division, but the claiming spouse bears the full burden of proof by clear and convincing evidence.

If the home was purchased during the marriage with community funds, it is community property subject to just and right division. Common outcomes include:

• One spouse buys out the other's equity and keeps the home
• The home is sold and net proceeds divided
• A deferred sale — typically while children remain enrolled in Katy ISD or Lamar CISD

Cross Creek Ranch and Cross Creek West are particularly relevant here — they straddle the Katy/Fulshear line. If one spouse contributed a separate property down payment, those funds may be traceable — but require documentation. Community contributions to mortgage payments on a separate property home can create reimbursement claims. Your family law attorney identifies these issues early.

Energy industry compensation accumulated during the marriage is generally community property. Key issues include:

• RSUs and stock options — characterization depends on grant date and vesting schedule, not when received
• Deferred compensation — must be addressed in the divorce decree or it may be forfeited
• Annual bonuses — earned during the marriage are community property regardless of when paid
• Retirement plans — require a QDRO to divide without taxes or penalties

Yes — the portion accumulated during the marriage is generally community property. But dividing it requires a QDRO — a separate court order sent directly to the plan administrator. Without one, the administrator cannot legally divide the account. Early withdrawal triggers income taxes and a 10% penalty. Your family law attorney handles the QDRO from the divorce decree through plan administrator approval.

Family courts in Harris, Fort Bend, and Waller counties all apply the best interest of the child standard under TFC §153.002 — evaluating each parent's day-to-day involvement, home stability, the child's existing relationships, and each parent's willingness to support the child's relationship with the other parent. For children 12 and older, the child's expressed preference is considered. Texas law is gender-neutral.

School district designation is one of the most significant practical issues in Katy and Fulshear custody cases. Katy ISD serves most of Katy; Lamar CISD (Lamar Consolidated ISD) serves Fulshear. Both are among the most competitive school districts in the Houston area. Key custody issues include:

• The parent designated to establish primary residence controls school enrollment — and therefore which district applies
• When parents live on opposite sides of the Katy ISD / Lamar CISD boundary, district differences drive custody strategy
• Geographic restrictions from each county's courts may differ — affecting where a parent can live after divorce
• Relocation that would move the child from Katy ISD to Lamar CISD (or vice versa) typically requires a modification proceeding
• Each district's attendance zones, magnet programs, and feeder patterns can affect best-interest analysis

The Expanded Standard Possession Order (ESPO) under TFC §153.317 gives the noncustodial parent significantly more time. Weekend possession begins at school dismissal Friday rather than 6:00 PM, ends when school resumes Monday morning. Thursday possession also begins at school dismissal. Summer may extend to 42 days. Must be elected in writing at or within 30 days of the final order — it does not apply automatically. Missing the window means defaulting to the Standard SPO permanently.

Texas child support is calculated under TFC §154.125 using guideline percentages of monthly net resources: 1 child — 20%, 2 children — 25%, 3 children — 30%, 4 children — 35%, 5 or more — 40%. Net resources under TFC §154.062 apply to the first $9,200 per month. Courts may order above-guideline support in high-income cases when the child's proven needs exceed the guideline amount.

Bonuses and RSUs received are included in net resources under TFC §154.062 in the year they are received. For parents with significant variable compensation, courts may average income over a representative period to arrive at a reliable monthly net resource figure. Your family law attorney builds the documentation record from the start of the case to support the correct calculation — whether you are paying or receiving support.

Child support in Texas typically ends when the child turns 18 or graduates from high school — whichever occurs later. If the child has a physical or mental disability, support may continue beyond age 18 under TFC §154.302. Support does not end automatically — the paying parent may need to formally terminate the obligation through the court to stop wage withholding.