Frequently Asked Questions
Who selects the arbitrator, and how are those costs typically shared between parties?
Selection usually follows whatever the contract specifies, often through a strike list or an administering organization. Fees are typically split, though some agreements shift them to the losing party. We review that language early so nothing about the cost structure surprises you.
How is community property divided in Texas when one spouse earned far more?
Texas requires a just and right division, which does not automatically mean equal. Courts may weigh earning capacity, fault, custody arrangements, and each spouse's separate property. We build the record showing why a particular split is fair in your circumstances.
What factors do Houston courts weigh when both parents seek primary conservatorship?
Judges look at historical involvement, stability of housing and work, willingness to support the child's relationship with the other parent, and the child's needs. Documented daily participation carries far more weight than statements made after a petition has already been filed.
How long does a contested divorce usually take from filing to final decree?
Sixty days is the statutory minimum, though contested matters commonly run six months to two years. Clients across Houston, Texas rely on Wilson Law Solutions for realistic timelines rather than optimistic ones, because planning around a wrong estimate creates real problems.
Can I modify a custody or support order after the divorce is finalized?
Yes, when circumstances have changed materially. Job loss, relocation, remarriage, or a child's changing needs can all support modification. We handle these through negotiation where possible, since agreed changes move through the court far faster than contested motions do.
What options exist if my spouse is concealing income or moving assets before filing?
Discovery exists for exactly this. Subpoenas to banks and employers, forensic accounting, depositions under oath, and injunctions against transfers all apply. Courts respond poorly to spouses caught hiding assets, and that conduct often affects the final division itself.
What is required for a stepparent to adopt a spouse's child in Texas?
Everything depends on the other biological parent. With consent, the path is short. Without it, we must establish statutory grounds for terminating those rights first, which adds evidence, hearings, and time before finalization can be scheduled.
Can a birth parent revoke consent after signing a relinquishment affidavit?
Texas treats these differently depending on who is named. An affidavit designating a licensed agency is irrevocable from signing. One naming an individual stays irrevocable only for the period stated in the document, capped at sixty days, so the drafting controls everything.
Is a home study always required, or can it be waived in relative adoptions?
Full studies are often waived in stepparent and certain relative cases, though the court retains discretion. We request waivers early rather than assuming approval, since discovering a study is required weeks before the hearing pushes the entire schedule back.
Do adult adoptions follow the same procedure as adoptions involving minor children?
The process is considerably simpler. No home study, no termination of parental rights, and no fitness investigation. The adoptee consents personally, we file the petition, and a brief hearing completes the matter.
What happens to an estate in Texas when someone dies without a valid will?
Intestacy statutes decide who inherits, and the outcome surprises many families. A surviving spouse may not receive everything, particularly where children from an earlier relationship exist. The family must first pursue a proceeding establishing heirship before anything can be distributed.
When can a family use a muniment of title instead of full administration?
This shorter route works when the estate carries no unpaid debts beyond a mortgage and a valid will exists. Families throughout Houston, Texas come to Wilson Law Solutions for this because it transfers title in weeks rather than months of administration.
What responsibilities and personal liability does an executor take on during probate?
Inventories, creditor notices, tax filings, asset protection, and even handed treatment of beneficiaries all fall on the executor, with personal liability for errors. We handle the procedural requirements so the role does not become a source of exposure.
On what grounds can a will be contested after it has been admitted?
Lack of testamentary capacity, undue influence, improper execution, forgery, or a later document superseding the one filed. Each requires actual evidence rather than suspicion.
Do retirement accounts and life insurance policies pass through probate in Texas?
Not usually. Beneficiary designations control those assets directly and bypass the estate entirely. That is why we review designations alongside the will, since an outdated form naming a former spouse will override whatever the will says about that account.
