Texas Family Law Guide

Starting a Divorce

Whether to file, when to file, what it will cost, and how to keep the process as simple as your situation allows.

Start with the guide: Divorce in Texas  ·  What happens at a free consultation

• Why January Is the Most Common Month to File for Divorce (And How to Prepare Now)
  by Leslie Alvarez
  Family law attorneys across the country see the same pattern every year: divorce filings climb noticeably in January. Couples who have been quietly unhappy tend to hold things… Read more: Why January Is the Most Common Month to File for Divorce (And How to Prepare Now)
• How To Make Your Divorce As Simple and Pain Free as Possible
  by David Eaker
  If you’re reading this, you’ve most likely decided that you are going to get a divorce. The hardest step is over, believe it or not. But you have… Read more: How To Make Your Divorce As Simple and Pain Free as Possible
• How much does a Texas divorce cost?
  by Leslie Alvarez
  “How much does a Texas divorce cost?” is a question we answer most every day. Not surprisingly, the answer depends on a number of factors. While we work… Read more: How much does a Texas divorce cost?
• Do I even need a divorce lawyer?
  by David Eaker
  Quite often I’m asked: we are all in agreement, do I need to hire a lawyer? Can we just “fill out the divorce papers”? Can I represent myself… Read more: Do I even need a divorce lawyer?

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Choosing and Working With a Lawyer

What to look for in a family lawyer, how fees and retainers work, and what you are entitled to expect once you hire one.

Start with the guide: What a retainer actually is  ·  About the firm

• What to Do When Your Lawyer Stops Returning Your Calls
  by David Eaker
  You are entitled to know what is happening in your own case. Why silence happens, the five steps to take in order, and what to ask before you hire the next lawyer.
• Find a Lawyer Who Will Tell You No
  by David Eaker
  The lawyer who agrees with everything you say is the expensive one. An early no is cheap; a late no is not. How to choose, and why your interests matter more than your opening picture.
• Why Should I Hire the Lawyers at Eaker Law Firm, PC?
  by David Eaker
  If you are searching for a trusted Texas attorney — whether for family law, divorce, child custody, or another legal matter — you deserve a firm that will… Read more: Why Should I Hire the Lawyers at Eaker Law Firm, PC?
• How to Reduce Your Legal Fees Without Sacrificing Quality Representation
  by David Eaker
  “You should be much more concerned about sending your own children to college than mine.” — David Eaker If you are facing a legal matter in Texas, understanding… Read more: How to Reduce Your Legal Fees Without Sacrificing Quality Representation
• Choosing The Correct Lawyer For Your Texas Divorce
  by David Eaker
  Choosing the correct lawyer is one of the most important decisions a person dealing with the break-up of their marriage or other difficult family law matters can make.… Read more: Choosing The Correct Lawyer For Your Texas Divorce

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Children and Custody

Conservatorship, possession schedules, holidays, travel, and child support.

Start with the guide: Child custody in Texas

• Child Custody and Child Support: What Parents Need to Know When Filing for Divorce
  by David Eaker
  You’ve filed for divorce—or you’re about to. And if you have kids, you already know that’s the part that matters most. More than the house, more than the… Read more: Child Custody and Child Support: What Parents Need to Know When Filing for Divorce

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Marriage, Property and Money

Common-law marriage, prenuptial agreements, the family home, taxes, and dividing a marital estate.

Start with the guide: Complex property division

• Common-Law Marriage in Texas: How Courts Actually Decide
  by David Eaker
  “We’ve been together for years — doesn’t that make us common-law married?” Not automatically, and not because of how much time has passed. The three-part test Texas actually applies, and the deadline that quietly closes the door.
• Divorce and Taxes: Filing Status, Dependency Exemptions, and Support After a Texas Divorce
  by Leslie Alvarez
  Divorce changes far more than your marital status — it changes how you file your taxes, who can claim your kids, and how support payments are treated. These… Read more: Divorce and Taxes: Filing Status, Dependency Exemptions, and Support After a Texas Divorce

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Inside the Court Process

Temporary orders, discovery, hearings, court-appointed attorneys, and how Texas family courts actually move.

Start with the guide: Mediation  ·  Family law appeals

• Texas Family Courts Are Moving Faster. Here Is What That Means for Your Case.
  by David Eaker
  For most of my career, a family case in Texas had room to breathe. Not because anyone designed it that way, but because crowded dockets and a resetting… Read more: Texas Family Courts Are Moving Faster. Here Is What That Means for Your Case.
• What Not to Say at a Temporary Orders Hearing in Texas
  by David Eaker
  A Temporary Orders hearing is not the place to wing it. The judge is going to make decisions that affect your kids and your wallet—sometimes for years. And… Read more: What Not to Say at a Temporary Orders Hearing in Texas

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High-Conflict Cases

When the other side is difficult, dishonest, or working against the children, and what a court can and cannot do about it.

Start with the guide: High-conflict divorce and custody

• How Do You Prove Narcissistic Behavior in a Custody Case?
  by David Eaker
  A Texas judge will not diagnose anyone. But the conduct behind the label is provable — and it is what a court can actually act on. What works as evidence, and what quietly costs you.

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Changing or Enforcing an Order

When life changes after the decree, or the other side will not follow it.

Start with the guide: Modifications and enforcement

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