Family Law Attorney
Spring, Texas
Representing families throughout Spring in divorce, high-asset divorce, child custody, child support, and all family law matters. Spring spans both Montgomery and Harris County — we practice in both and know which court handles your case.
Experienced Family Law Representation for Spring Families — Divorce, Child Custody & High-Asset Cases
Spring is one of the most populated unincorporated communities in Texas — and one of the most unique from a legal standpoint. Because Spring straddles the line between Montgomery County and Harris County, where your case is filed and heard depends entirely on your address. Approximately 60% of Spring residents live in the Harris County portion; roughly 40% are in Montgomery County. We appear in courts in both counties and can identify the correct venue from the first consultation.
Spring is home to a strong concentration of professionals, dual-income households, and families with significant financial lives. When a marriage ends here, the stakes are real — retirement accounts, business interests, executive compensation, investment property, and closely held assets all require careful legal strategy under Texas community property law.
Our attorneys represent Spring families in divorce, child custody, child support, property division, and prenuptial agreements. Our office is in downtown Conroe — and we appear regularly in the Montgomery County courts as well as the Harris County family courts in Houston.
- High-asset & complex divorce
- Contested & uncontested divorce
- Child custody & conservatorship
- Child support — establishment & modification
- Division of marital property
- 401(k), 403(b), IRA & pension division
- Business valuation & division
- Spousal maintenance
- Prenuptial agreements
- Adoption
Spring Spans Two Counties — Your Address Determines Your Court
Spring is an unincorporated community with no city limits — it crosses the Montgomery and Harris County line. Your family law case could be filed in Conroe or in Houston depending entirely on where you live. We practice in both.
If your address falls in the Montgomery County portion of Spring — including zip codes such as 77386 and parts of 77389 — your divorce or custody case will be filed with the Montgomery County District Clerk and heard in Conroe. Our office is in downtown Conroe, steps from the courthouse.
If your address falls in the Harris County portion of Spring — including zip codes such as 77373, 77379, 77380, and parts of 77388 — your case will be filed with the Harris County District Clerk and heard in one of the Harris County family courts in Houston. We appear in all of them.
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245th Judicial District Court
246th Judicial District Court
247th Judicial District Court
257th Judicial District Court
308th Judicial District Court
309th Judicial District Court
310th Judicial District Court
311th Judicial District Court
312th Judicial District Court
507th Judicial District Court
Not sure which county you’re in? Call us. We can identify your correct venue in minutes — and it matters from day one. Filing in the wrong county causes delays and added expense.
Free Consultation →What Happens to Your Assets in a Texas Divorce
Spring families often bring significant financial complexity to divorce proceedings. Here is how Texas law approaches the assets most commonly at stake.
Retirement accounts accumulated during the marriage are generally community property in Texas — but they cannot be divided like a bank account. Dividing a 401(k), 403(b), or pension requires a Qualified Domestic Relations Order (QDRO), a separate court order sent directly to the plan administrator. IRAs require a transfer incident to divorce. Early withdrawal triggers taxes and a 10% penalty.
Stock options, restricted stock units (RSUs), deferred compensation, and executive bonuses are among the most contested assets in Texas divorces. Whether they are community or separate property depends on when they were granted and when they vest — not simply when they were received. Texas courts apply apportionment formulas.
If a business formed or grew during the marriage, it may be partially or fully community property. Texas courts rarely force a sale — instead awarding the business to one spouse with other marital assets used to offset the other’s share. Business valuation and characterization of separate versus community interest are the key contested areas.
Real property purchased during the marriage with community funds is community property, subject to just and right division. Separate property claims require proof — the burden falls entirely on the claiming spouse. Community contributions to a separate-property home can create reimbursement claims.
Vehicles — including luxury vehicles, recreational vehicles, boats, and collector cars — are marital assets when purchased with community funds. High-value vehicles are frequently overlooked in settlement negotiations, particularly when one spouse has a company vehicle or collector vehicles have appreciated.
For Spring residents entering a marriage with significant assets, a business interest, or a substantial income, a prenuptial agreement is one of the most straightforward planning tools available. A properly drafted Texas prenuptial agreement defines what remains separate property and limits spousal maintenance claims.
“Can I Get Half of My Spouse’s Retirement Account in a Texas Divorce?”
Yes — in most cases. Retirement accounts accumulated during the marriage are community property in Texas and subject to division. But the process is more complicated than dividing a bank account, and getting it wrong has real financial consequences.
For 401(k)s, 403(b)s, and pensions, a separate court order called a Qualified Domestic Relations Order — a QDRO — is required. The QDRO is sent directly to the retirement plan administrator and instructs them how to divide the account. Without a QDRO, the plan administrator cannot legally divide the account between spouses.
IRAs are different — they are divided through a process called a transfer incident to divorce, which has its own procedural requirements with the IRA custodian.
We make sure your share of every retirement account is properly identified, documented, and protected — so that what is awarded on paper actually reaches you.
- 401(k) — requires a QDRO; divided per court order to plan administrator
- 403(b) — requires a QDRO; same process as 401(k)
- Pension — requires a QDRO; language must match plan requirements
- IRA — transfer incident to divorce; no QDRO but specific steps required
- Deferred comp — treatment varies; must be addressed in decree language
- Early withdrawal — triggers taxes and 10% penalty; never the right approach
- Missing a QDRO — cannot be corrected after final decree without additional proceedings
Child Custody & Conservatorship for Spring Families
Texas applies the best interest of the child standard in all custody decisions. Here is how the courts evaluate conservatorship, possession, and parental rights for Spring families in both Montgomery and Harris County.
All custody decisions in Texas are governed by the best interest of the child standard. Courts evaluate each parent’s involvement, home stability, the child’s relationships, any history of family violence or substance abuse, and — for children 12 and older — the child’s own expressed preference.
Texas courts presume that joint managing conservatorship — where both parents share rights and duties — is in the child’s best interest. One parent is designated to establish primary residence. The other parent receives a possession schedule and retains most parental rights.
Courts commonly restrict the child’s primary residence to specific counties. For Montgomery County cases, restrictions typically include Montgomery and contiguous counties. Harris County courts apply their own geographic limits. Relocating outside the restriction without court approval is a violation of the order.
Standard vs. Expanded Possession Order — What Noncustodial Parents Need to Know
Texas law gives the noncustodial parent two possession schedule options. Most orders default to the Standard Possession Order — but the Expanded SPO gives significantly more time and must be affirmatively elected. This distinction matters enormously and is frequently misunderstood.
The default possession schedule when parents live within 100 miles of each other. Transfers occur at 6:00 PM on the first day of possession.
- 1st, 3rd, and 5th weekends — Friday 6:00 PM to Sunday 6:00 PM
- Thursday evenings during the school year — 6:00 PM to 8:00 PM
- Alternating holidays including Thanksgiving, Christmas, spring break
- 30 days of summer possession
- Father’s Day / Mother’s Day weekends
The Expanded SPO gives the noncustodial parent significantly more time — transfers begin at school dismissal, not 6:00 PM. Must be elected in writing.
- Weekend possession begins at school dismissal Friday — not 6:00 PM
- Weekend possession ends when school resumes Monday morning
- Thursday possession begins at school dismissal — ends at school resumption Friday
- Summer possession may extend to 42 days
- Must be elected in writing at or within 30 days of the final order
The Expanded SPO does not apply automatically. The noncustodial parent must make a written election at the time of the final order or within 30 days of the order being signed. Missing this window means you default to the Standard SPO.
- Election must be in writing
- Must be made at or within 30 days of the final order
- Applies prospectively — not retroactively
- Can be addressed in mediation or at final trial
When parents live more than 100 miles apart, a different possession schedule applies. The noncustodial parent receives:
- One weekend per month of their choice with 14 days notice
- Spring break in alternating years
- Extended summer possession — up to 42 days
- Alternating holidays
- Thursday visits are not included in the over-100-mile schedule
How Much Will I Pay — or Receive — in Child Support in Texas?
TFC §154.125 & §154.062Texas child support is calculated using statutory guideline percentages of the paying parent’s monthly net resources under Texas Family Code §154.125. Net resources are defined under TFC §154.062 and include wages, salary, commissions, overtime, self-employment income, rental income, and other sources — after deductions for Social Security taxes, federal income tax, union dues, and the cost of health insurance for the child.
The guidelines apply to the first $9,200 in monthly net resources. Above that threshold, courts may order additional support based on the child’s proven needs. Courts can also deviate from guidelines when the paying parent supports children in multiple households or when the child has special needs.
Child support does not end automatically. In Texas, support obligations generally continue until the child turns 18 or graduates from high school — whichever is later.
If your income changes significantly, you must file a petition to modify — simply reducing or stopping payments without a court order is a violation subject to enforcement, contempt, and accumulated arrearages with interest.
Spring Family Law — What Sets Our Firm Apart
Spring’s split-county geography is a legal complexity most attorneys don’t navigate daily. We appear in Montgomery County courts in Conroe and all ten Harris County family courts in Houston. We identify your correct venue at the first consultation.
Executive compensation, retirement accounts, business interests, real property, and investment assets — the financial complexity of Spring-area divorces requires more than general family law knowledge. We handle it all.
From the Standard Possession Order to the Expanded SPO election, geographic restrictions, and modification petitions — we build custody strategies designed around your child’s actual life and your parental rights.
You work directly with your attorney — not a paralegal or associate. Your calls are returned and your questions answered by the attorney handling your case from start to finish.
Litigation is sometimes necessary — but rarely the most efficient path. We give you a candid assessment of your options, likely outcomes, and costs before you commit to a strategy.
Flat-fee uncontested divorce through 2500Divorce.com for qualifying cases. Transparent hourly billing for contested matters. Free consultation before you commit.
Not every Spring divorce is contested. If you and your spouse have reached full agreement on property, children, and support, you may qualify for our flat-fee, attorney-guided divorce service through 2500Divorce.com. A licensed attorney handles every step from filing through final decree at a predictable flat fee — in either Montgomery or Harris County. Free consultation to determine eligibility.
Speak With a Family Law Attorney Serving Spring, TX
We represent Spring families in both Montgomery and Harris County courts. Free consultations available — including help identifying which court handles your case.
(713) 352-6900Family Law FAQ — Spring, Texas
Courts & Venue for Spring, TX
Which court handles your case depends on your address — not your zip code alone.
It depends on your specific address. Spring is an unincorporated community that spans both Montgomery County and Harris County. Approximately 60% of Spring residents are in Harris County; roughly 40% are in Montgomery County.
- Montgomery County Spring: Cases filed and heard in Conroe at the 418th, 410th, or County Court at Law No. 3
- Harris County Spring: Cases filed and heard in Houston at one of the Harris County family district courts (245th through 507th)
We practice in both counties and can identify your correct venue at the first consultation.
Zip code alone is not a reliable indicator — many Spring zip codes include addresses in both counties. As a general guide:
- Typically Montgomery County: 77386, portions of 77389
- Typically Harris County: 77373, 77379, 77380, portions of 77388
When in doubt, call us. We can confirm your county and the correct court in minutes — before you file anything.
Divorce in Spring, TX
How Texas divorce works and what to expect in both county courts.
Texas requires a mandatory 60-day waiting period from the date of filing regardless of county. From there:
- Uncontested (no children): 60–90 days after filing
- Uncontested (with children): 60–120 days
- Contested — moderate complexity: 6–12 months
- High-asset or highly contested: 12 months to 2+ years
Harris County courts and Montgomery County courts have different docket speeds and local rules. We set realistic expectations based on which court your case is assigned to.
Yes. Property acquired during the marriage is generally community property in Texas, subject to division in a just and right manner — not automatically 50/50. Separate property — owned before marriage, received as a gift, or inherited — is not subject to division. The claiming spouse bears the full burden of proof.
Retirement Accounts & QDROs
How 401(k)s, pensions, and IRAs are divided — and why most people have never heard of a QDRO until they need one.
Yes — the portion of a 401(k), 403(b), or pension accumulated during the marriage is generally community property in Texas. But dividing it requires a Qualified Domestic Relations Order (QDRO) — a separate court order sent directly to the retirement plan administrator. Without a QDRO, the administrator cannot legally divide the account. IRAs are divided through a transfer incident to divorce.
Child Custody in Spring, TX
How Texas courts decide conservatorship and possession for Spring families.
Texas courts apply the best interest of the child standard. Factors include each parent’s day-to-day involvement, home stability, the child’s existing relationships, each parent’s health, any history of family violence or substance abuse, and — for children 12 and older — the child’s expressed preference. Texas law is gender-neutral.
Yes. Texas law explicitly prohibits courts from applying any gender preference in custody decisions. A father can be designated as the parent with the right to establish primary residence if the evidence supports that outcome. The analysis focuses on each parent’s involvement, stability, and ability to meet the child’s needs.
Possession Schedule — SPO vs. Expanded SPO
The difference between the Standard and Expanded Possession Order — and why the election timing matters.
The Expanded Standard Possession Order (ESPO) under TFC §153.317 gives the noncustodial parent significantly more time. The key difference is when transfers occur: the Standard SPO begins Friday at 6:00 PM; the Expanded SPO begins at school dismissal Friday and ends when school resumes Monday morning. Summer possession may extend to 42 days. The Expanded SPO must be elected in writing at or within 30 days of the final order under TFC §153.3171.
No. Under TFC §153.3171, the noncustodial parent must make a written election for the Expanded SPO at the time of the final order or within 30 days of the order being signed. If the election is not made in time, the Standard SPO governs — and changing it requires going back to court.
Child Support in Texas
How the guidelines work, when courts deviate, and what happens when circumstances change.
Texas child support is calculated under TFC §154.125 using guideline percentages of the paying parent’s monthly net resources: 1 child — 20%; 2 children — 25%; 3 children — 30%; 4 children — 35%; 5 or more — 40%. The guidelines apply to the first $9,200 in monthly net resources.
A significant income change is one of the most common grounds for a child support modification. However, simply reducing or stopping payments without a court order is a violation — subject to enforcement, contempt, and accumulated arrearages with interest. Courts do not retroactively reduce support for periods before the modification petition was filed. Contact an attorney immediately if your income has changed.
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 requiring ongoing support, the obligation 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.
What Our Clients Say
Meet the Attorneys at Fritz & Phillips
As a mother of many teenagers, Jessica understands firsthand the importance of family stability and what is truly at stake in the cases she handles. She approaches every matter with a focus on clear communication, practical strategy, and results that reflect the realities of her clients' lives. She is the co-founder of 2500Divorce.com, a flat-fee uncontested divorce service serving Texas families.
Keith became a licensed mediator in 2020, and that perspective shapes how he approaches every case — focused on practical, efficient resolution while fully prepared to litigate when necessary. He is the co-founder of 2500Divorce.com and a father of five.
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Attorney advertising. Fritz and Phillips, PC is a Texas law firm. The information on this website is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Prior results do not guarantee similar outcomes. Jessica Fritz (TX Bar 2008) and Keith Phillips (TX Bar 2016) are the attorneys responsible for this content.