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Family Law
Divorce in Texas
10 Questions
Texas requires a mandatory 60-day waiting period from the date the divorce petition is filed before a divorce can be finalized — no exceptions. Uncontested divorces where both parties agree on all terms often close within a few weeks of that window passing. Contested divorces involving property disputes, child custody battles, or a difficult opposing party typically take six months to over a year. Complex cases with business interests or significant assets can take longer. Learn more about divorce in Texas →
No. Texas is a no-fault divorce state, meaning you can file on the ground of "insupportability" — essentially that the marriage has become insupportable due to discord or conflict. You do not need to prove fault to get divorced. However, Texas also recognizes fault grounds including adultery, cruelty, abandonment, felony conviction, living apart, and confinement in a mental hospital. Pleading and proving fault can affect property division and sometimes spousal maintenance, so the decision whether to plead fault has real strategic implications.
In most respects the outcome is not determined by who files first. However, the petitioner chooses the county of filing, which matters if you and your spouse live in different counties. Filing first also lets you request temporary orders early, sets the initial narrative, and signals to the other party that you are prepared to move forward. In contested cases, these practical advantages can be meaningful. Filing first does not give you a legal advantage in property division or custody — those are determined on the merits.
Texas is a community property state — property acquired during the marriage by either spouse is presumed to be owned equally by both. At divorce, community property is divided in a "just and right" manner, which is not always 50/50. Courts can award a disproportionate share based on fault, earning capacity, health, education level, custody of the children, and other factors. Separate property — owned before the marriage, inherited, or gifted to one spouse — is not subject to division but must be proven by clear and convincing evidence. Learn more about property division →
To file for divorce in Texas, at least one spouse must have been a Texas resident for the preceding six months. To file in Montgomery County specifically, at least one spouse must have been a resident of the county for the preceding 90 days. If you recently relocated to the Conroe area, your attorney will confirm whether the residency period is met before filing.
Yes. Texas courts consider fault in the breakdown of the marriage as one of the factors when dividing community property. Adultery, cruelty, and abandonment can each support an award of a disproportionate share to the wronged spouse. The fault must be pled in the petition and supported by evidence — simply alleging it is not enough. Whether to plead fault is a strategic decision your attorney should evaluate based on the specific facts and the likely impact on the overall case.
A temporary order is entered early in the divorce proceeding to stabilize the situation while the case is pending. It can establish who lives in the marital home, who pays which bills, temporary child custody and possession arrangements, and temporary child support and spousal support. Temporary orders do not predetermine the final outcome, but they can establish a status quo the court may be reluctant to disturb at final trial. Getting the right temporary orders in place early is often critically important.
Our firm offers flat-fee uncontested divorce services through 2500Divorce.com. A flat-fee divorce is available when both spouses have reached full agreement on all terms — property division, child custody and support, spousal support — and the case is genuinely uncontested. It is not appropriate for cases with significant disputes, complex assets, or contested custody. A free consultation will confirm whether your situation qualifies and what the flat fee covers.
Yes — the portion of retirement accounts earned during the marriage is community property subject to division. Dividing 401(k)s and pensions typically requires a Qualified Domestic Relations Order (QDRO), a separate court order directing the plan administrator to transfer the community portion. IRAs are divided by court order using a slightly different process. Getting these documents right is essential — errors in a QDRO are costly and difficult to fix after the divorce is final. Learn more about property division →
Texas calls it "spousal maintenance" rather than alimony, and it is significantly more limited than in most other states. Court-ordered maintenance requires meeting specific statutory criteria — most commonly a marriage of at least 10 years plus the inability to meet minimum reasonable needs. The maximum amount is the lesser of $5,000/month or 20% of the paying spouse's gross monthly income, with duration caps based on the length of the marriage. Spouses may also agree to "contractual alimony" that is not subject to these statutory limits. Learn more about spousal maintenance →
Family Law
Child Custody & Conservatorship
10 Questions
Texas uses "conservatorship" for what most people call legal custody — the right to make decisions about a child's education, healthcare, and welfare. "Possession and access" refers to the physical schedule — where the child lives and when each parent has time. Joint managing conservatorship, where both parents share decision-making rights, is the default. The possession schedule can be the Standard Possession Order or a customized arrangement based on the child's needs and each parent's circumstances. Learn more about child custody →
No. Texas law explicitly prohibits courts from applying a gender preference in custody decisions. The best interest of the child is the only standard, and it is gender-neutral. Both mothers and fathers start from the same legal position. Outcomes are determined by the specific facts — each parent's stability, involvement, and ability to meet the child's needs — not by gender. Fathers have the same legal right to pursue primary custody as mothers.
Every Texas custody decision is filtered through the best interest of the child standard. Courts weigh a range of factors including each parent's stability and living situation, the child's established relationships and routine, any history of family violence or substance abuse, each parent's ability to meet the child's physical and emotional needs, the child's age and developmental needs, and the ability of each parent to support the child's relationship with the other parent. If the child is 12 or older, the court will also consider the child's own preference.
A child who is 12 or older has the right to file a "Choice of Primary Residence" expressing a preference with the court. The judge is required to interview the child and give the preference serious consideration — but it is not automatically controlling. The court still makes the final determination based on the best interest of the child. A child's preference combined with a strong record from the preferred parent makes a compelling case, but preference alone does not determine the outcome.
The Standard Possession Order (SPO) is the default possession schedule Texas courts use when the parents live within 100 miles of each other. It gives the non-primary parent the 1st, 3rd, and 5th weekends of each month, Thursday evenings during the school year, alternating holidays, and 30 days in the summer. An Expanded Standard Possession Order adds Friday evening pickup instead of Saturday morning. Courts can also order fully customized schedules when the child's specific circumstances warrant deviation from the standard.
Most Texas custody orders include a geographic restriction limiting the primary parent's residence to a specific county or adjacent counties. Moving the child outside that restricted area without the other parent's written consent or court approval violates the order — and can result in contempt proceedings and modification of primary custody. If you need to relocate for work, family, or any other reason, you must either get the other parent's written agreement or file a modification petition and get court approval before moving.
Custody modification requires showing a material and substantial change in circumstances since the last order was entered — such as a parent relocating, a significant change in a parent's work situation, a new safety concern, or the child's changing needs. Texas also allows modification within one year of the original order if the current environment presents a danger to the child. Modification must go through the court — parents cannot simply agree to change terms informally, as informal agreements are not enforceable. Learn more about custody modifications →
Document every violation — dates, times, what happened, and all communications. Contact an attorney promptly. Texas courts can hold a violating parent in contempt of court, award make-up possession time, require payment of the complying parent's attorney's fees, and in serious or repeated cases, modify primary custody to the parent who has been complying with the order. Acting quickly with documented evidence gives you the strongest enforcement position.
SAPCR stands for Suit Affecting the Parent-Child Relationship. It is the legal proceeding used in Texas to establish or modify conservatorship, possession, and child support for a child — whether the parents were married or not. A SAPCR is the vehicle for unmarried parents to establish custody and support arrangements, for grandparents to seek visitation or custody, and for modifications of existing orders. It is filed in the county where the child has lived for the preceding six months.
Yes — significantly. Texas law creates a rebuttable presumption that awarding joint managing conservatorship is not in the best interest of the child if credible evidence of a history of family violence is presented. A parent with a history of family violence may be denied joint conservatorship, restricted to supervised visitation, or denied possession entirely. Family violence findings can also trigger spousal maintenance eligibility regardless of the length of the marriage. Courts take these issues very seriously.
Family Law
Child Support
6 Questions
Texas calculates child support as a percentage of the obligor's net monthly income — gross income minus taxes, social security, union dues, and health insurance premiums. The guideline percentages are: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more. Additional amounts may be ordered for health insurance premiums and unreimbursed medical expenses. Courts can deviate from guidelines when the child's specific circumstances warrant it. Learn more about child support →
Texas has strong enforcement tools for unpaid child support. These include wage withholding (often automatic), interception of tax refunds, suspension of driver's and professional licenses, denial of passport applications, credit bureau reporting, and contempt of court — which can result in jail time. Unpaid support (arrears) accumulates as a judgment at 6% annual interest and does not expire. An enforcement action can move quickly, particularly when there is documented non-payment.
Yes. Modification requires either a material and substantial change in circumstances — such as a significant income change, job loss, or change in the child's needs — or the passage of three years since the last order if the new guideline amount would differ by at least $100/month or 20%. Modification must go through the court — informal agreements between parents are not legally binding and cannot be enforced as a court order.
Child support in Texas generally ends when the child turns 18 or graduates from high school — whichever is later — but no later than age 19. Support may also terminate on the child's marriage, enlistment in military service, removal of disabilities of minority, or death. It does not automatically end when a parent remarries or when the child starts college. Any arrears owed at the time support ends remain collectible and continue to accrue interest.
Generally no. Child support belongs to the child, not the parents — and a parent cannot waive the child's right to support in exchange for something else. Texas courts will not approve an agreed order that purports to waive child support entirely unless there is an extraordinary factual basis. Courts may approve below-guideline amounts in some circumstances, but zero support agreements are rarely accepted and are vulnerable to later enforcement actions regardless of what the parents agreed to.
In addition to basic support, Texas courts typically order the obligor to provide health insurance coverage for the child, or order one parent to maintain it and apportion the premium cost. Extraordinary medical expenses — those not covered by insurance — are generally split between the parents in proportion to their income. Dental, vision, orthodontia, and mental health treatment are all addressed in the medical support provisions of a well-drafted Texas order.
Family Law
Paternity, Adoption, Prenups & More
8 Questions
Biological connection alone creates no legal rights or obligations in Texas. Without legal paternity, an unmarried father has no enforceable custody or visitation rights — a mother can legally deny contact and there is no order to enforce. Child support cannot be ordered without a legal determination of fatherhood. Legal paternity also affects the child's right to inheritance, insurance coverage, social security benefits, and military benefits. Learn more about paternity →
Yes, in some circumstances. Texas allows a court to terminate a parent's rights without consent when there is clear and convincing evidence of grounds such as abandonment, failure to support the child despite ability to do so, or endangerment of the child. If the absent parent has had little or no contact and has not provided financial support, a termination petition may be viable. The standard is high — clear and convincing evidence — but it is met regularly in cases of genuine parental abandonment. Learn more about adoption →
Yes — Texas courts regularly enforce properly drafted prenuptial agreements. The agreement must be in writing, signed by both parties, and entered into voluntarily with full and fair financial disclosure. Agreements signed under duress, without adequate disclosure, or containing unconscionable terms are vulnerable to challenge. The most defensible prenups are those where both parties had adequate time to review, both had independent legal counsel, and full financial disclosure was documented. Learn more about prenuptial agreements →
Yes, but only under specific circumstances. Texas requires meeting one of several threshold conditions — including a deceased, incarcerated, or incompetent parent — and then proving by a preponderance of the evidence that denial of access would significantly impair the child's physical health or emotional well-being. Courts do not award grandparent visitation simply because a parent has cut off contact — the impairment standard is real and requires supporting evidence. Learn more about grandparents' rights →
A Texas prenup can define which assets remain separate property, specify how property acquired during the marriage will be characterized, address spousal maintenance rights (waiving or guaranteeing support), establish how debts will be allocated, and set out property division terms in the event of divorce or death. A prenup cannot predetermine child custody or child support — those are determined by the court at the time of divorce based on the best interest of the child as it exists then.
A postnuptial agreement (or "partition and exchange agreement") is a marital property agreement entered into after the wedding. Texas allows married couples to convert community property into separate property or separate property into community property through a written, signed agreement. Postnuptial agreements can address the same financial matters as prenups — they are useful when circumstances change after marriage, such as one spouse starting a business or receiving a significant inheritance.
Timeline depends heavily on the type of adoption. Uncontested stepparent adoptions where the other parent consents can often be completed in three to six months. Contested termination cases take longer — often a year or more. Private independent adoptions require home study coordination and court scheduling, which adds time. An attorney can give you a realistic timeline based on your specific type of adoption and circumstances. Learn more about adoption →
Court-ordered spousal maintenance in Texas requires meeting specific statutory criteria — most commonly a marriage of at least ten years and the inability to meet minimum reasonable needs, or a situation involving disability, a child with a disability, or a family violence conviction. The maximum is the lesser of $5,000/month or 20% of the paying spouse's gross monthly income, with duration capped based on the length of the marriage. Contractual alimony, agreed between the parties, is not subject to these limits. Learn more about spousal maintenance →
Personal Injury
Car Accidents & Personal Injury
8 Questions
Stay at the scene, call 911, and get a police report — even if the other driver suggests otherwise. Get the other driver's name, insurance information, license plate, and contact information. Photograph everything: both vehicles, the road, traffic signs, your injuries, and any skid marks. Get witness names and numbers. Seek medical attention promptly, even if you feel fine — some injuries (whiplash, traumatic brain injury) are not immediately symptomatic. Do not give a recorded statement to the other driver's insurance company before consulting an attorney. Learn more about car accident cases →
Texas has a two-year statute of limitations for most personal injury claims, including car accidents, truck accidents, slip and fall, and dog bites. The clock generally starts running on the date of the injury. Wrongful death claims also have a two-year deadline, measured from the date of death. Missing this deadline almost always bars your claim entirely — courts have very limited discretion to extend it. Contact an attorney well before the deadline; building a strong case takes time and evidence preserves better when action is taken promptly.
Texas personal injury recoverable damages fall into two main categories. Economic damages include past and future medical expenses, lost wages and future earning capacity, property damage, and other out-of-pocket costs. Non-economic damages include pain and suffering, mental anguish, disfigurement, and loss of consortium. In cases involving gross negligence — such as drunk driving or egregious truck company conduct — exemplary (punitive) damages may also be available. Texas does cap non-economic damages in medical malpractice cases but not in standard personal injury cases.
Texas follows a modified comparative fault rule. If you are found partially at fault for an accident, your damages are reduced by your percentage of fault. However, if you are found 51% or more at fault, you are barred from recovering anything. Insurance adjusters routinely try to assign comparative fault to injured plaintiffs to reduce or eliminate their payout — which is one of the key reasons not to give recorded statements to the other party's insurer without legal counsel. An attorney works to minimize the fault attributed to you.
In the vast majority of cases, no. First settlement offers from insurance companies are almost always lower than the full value of the claim — insurers are businesses optimizing for their bottom line, not yours. They move fast after accidents specifically because injured people often haven't yet understood the full extent of their injuries, treatment costs, or long-term impacts. Once you accept a settlement and sign a release, you cannot go back for more. Get the full picture of your damages and consult an attorney before signing anything.
Truck accident cases are significantly more complex. Federal motor carrier regulations govern trucking companies and drivers, creating a separate layer of liability beyond state traffic law. There are typically multiple potential defendants — the truck driver, the trucking company, the cargo loader, the vehicle owner, and the maintenance company. Trucking companies have rapid-response legal teams that investigate immediately after a crash. Evidence — black box data, driver logs, maintenance records, hours-of-service records — can be lost or destroyed quickly. Getting an attorney involved fast is critical in truck accident cases. Learn more about 18-wheeler accident cases →
Texas premises liability law requires you to prove that: (1) a dangerous condition existed on the property, (2) the property owner knew or reasonably should have known about the condition, (3) the owner failed to repair the condition or warn of it, and (4) the dangerous condition caused your injury. The key contested issue is usually whether the owner had actual or constructive knowledge of the hazard — which is why incident reports, surveillance footage, maintenance records, and prior complaint history are critical evidence in these cases. Learn more about slip and fall cases →
Under the Texas Wrongful Death Act, the surviving spouse, children, and parents of the deceased may bring a wrongful death claim. If none of them file within three months of the death, the executor or administrator of the estate may bring the action on behalf of the beneficiaries. Wrongful death damages can include loss of financial support, loss of services, loss of companionship and consortium, and mental anguish. The two-year statute of limitations runs from the date of death. Learn more about wrongful death cases →
Working With Us
our firm — Working With Our Firm
8 Questions
Yes. Our firm offers a free initial consultation for both family law and personal injury matters. The consultation is an opportunity for us to understand your situation, answer your immediate questions, and give you an honest assessment of your legal options and what the process looks like. There is no obligation to hire us, and no clock running. Schedule your free consultation →
Family law matters are typically handled on an hourly fee basis with a retainer. The retainer is an upfront deposit applied against hours worked. Uncontested matters and some straightforward proceedings may qualify for flat-fee arrangements. Our firm also offers flat-fee uncontested divorce through 2500Divorce.com for qualifying cases. Fee structure is discussed transparently at the consultation so you understand exactly what to expect before you commit to representation.
Personal injury cases are handled on a contingency fee basis — meaning no upfront fees, and the firm only earns a fee if we recover money for you. The contingency percentage is disclosed clearly at the outset. If there is no recovery, you owe no attorney's fee. This arrangement means our firm' interests are fully aligned with yours — we are both working toward the same goal.
Our firm is located at 141 N. San Jacinto Street in Conroe, TX 77301 — steps from the Montgomery County Family Law Courts. We serve clients throughout Montgomery County, Harris County, and the greater Houston area, including Conroe, The Woodlands, Spring, Tomball, Magnolia, Willis, Humble, Kingwood, and surrounding communities. Office hours are Monday–Thursday 8:30 AM–5:30 PM, Friday 8:30 AM–12:00 PM, and Saturday–Sunday by appointment.
Our firm was founded by Jessica Fritz and Keith Phillips. Jessica Fritz has been licensed since 2008 and serves as managing attorney. Keith Phillips has been licensed since 2016 and is a licensed mediator since 2020. Keith's unique background as a former CPS caseworker gives the firm direct child welfare experience that is a real advantage in custody, adoption, and protective order cases. Meet the attorneys →
2500Divorce.com is a flat-fee uncontested divorce service co-founded by Jessica Fritz and Keith Phillips. It provides a straightforward, affordable path to divorce for couples who have reached full agreement on all terms — property, children, and support — and simply need the legal process handled correctly and efficiently. It is operated in connection with our firm and serves clients throughout Texas.
For truly simple uncontested matters with no children and minimal property, self-representation is legally possible in Texas. For anything involving children, significant assets, disputes, business interests, retirement accounts, protective orders, or a contested co-parent, having experienced legal representation is not optional if you want to protect your rights. The decisions made in family court — custody arrangements, property division, support orders — can affect you and your children for years or decades. The cost of getting it wrong far exceeds the cost of getting it right with proper representation.
We work to respond to all inquiries promptly and schedule consultations as quickly as possible. For emergency matters — including emergency protective orders, emergency custody situations, or time-sensitive injury evidence preservation — contact us immediately at (713) 352-6900. For standard matters, the consultation is the starting point and we will advise you on timeline and next steps. Contact us now →
Your Legal Team
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Meet the Attorneys at Fritz & Phillips
JF
Jessica Fritz has been licensed to practice law in Texas since 2008 and serves as managing attorney of Fritz and Phillips, PC. Her practice covers the full range of family law matters — divorce, child custody and conservatorship, child support, property division, spousal maintenance, prenuptial agreements, adoption, paternity, and grandparents' rights — as well as personal injury cases throughout Montgomery County and Greater Houston.
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.
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.
Licensed — State Bar of Texas since 2008
Montgomery County Bar Association
Co-Founder, 2500Divorce.com
Serving Greater Houston since 2008
KP
Keith Phillips has been licensed to practice law in Texas since 2016, focusing on family law and personal injury matters throughout Montgomery County and Greater Houston. Before private practice, Keith worked with Child Protective Services — giving him direct, firsthand insight into how Texas courts evaluate the best interests of children and how decisions affecting families are made at the institutional level.
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.
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.
Licensed — State Bar of Texas since 2016
Licensed Mediator since 2020
Former Child Protective Services Caseworker
Co-Founder, 2500Divorce.com
Client Testimonials
What Our Clients Say
★★★★★
5-Star Rated on Google Reviews · Montgomery County & Greater Houston
★★★★★
Jessica handled my divorce with professionalism and compassion. She kept me informed every step of the way and made a very difficult time much easier to navigate. I cannot recommend her enough.
Sarah M.
Divorce Client · Conroe, TX · Google Review
★★★★★
I was overwhelmed going into my custody case. Jessica explained everything clearly, fought for my rights as a father, and we got a great outcome for my kids. She truly cares about her clients.
Michael R.
Child Custody Client · The Woodlands, TX · Google Review
★★★★★
My child support modification was handled with complete professionalism. Straightforward, realistic, and efficient — I always knew exactly where my case stood.
Amanda T.
Child Support Client · Montgomery County, TX · Google Review
★★★★★
After my car accident I didn't know where to turn. My attorney was responsive, thorough, and got me a settlement I never expected. They handled everything while I focused on recovering.
David K.
Car Accident Client · Spring, TX · Google Review
★★★★★
Jessica guided me through my divorce with patience and skill. The property division could have been a nightmare but she made sure everything was handled correctly. Worth every penny.
Robert L.
Divorce Client · Conroe, TX · Google Review
★★★★★
My attorney's background gave me real confidence during my custody case. They understood exactly how the court would evaluate things and prepared us perfectly. Outstanding representation.
Jennifer W.
Child Custody Client · Tomball, TX · Google Review
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Fritz & Phillips Law
Family Law & Personal Injury · Montgomery County & Greater Houston
141 N. San Jacinto Street, Conroe, TX 77301
info@fritzandphillips.com
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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.