FREQUENTLY ASKED QUESTIONS
Disclaimer: This FAQ is provided for informational purposes only and does not constitute legal advice.
ABOUT THE FIRM
We exclusively handle family law matters, including divorce, child custody disputes, protective orders, child support, marital agreements (such as prenuptial agreements), spousal maintenance, property and debt division, termination of parental rights, and adoption.
Our firm operates under an evergreen retainer system, requiring a minimum balance to be maintained in your trust account throughout the representation. This balance typically ranges from $3,500 to $7,000, depending on case complexity. Clients receive weekly invoices based on the work done the previous week and must maintain a payment method on file for automatic processing seven days after issuance. As cases conclude, we often apply any remaining security deposit to final invoices to ease financial burdens. For detailed billing inquiries, email [email protected].
Disclosure: The billing structure outlined above is not guaranteed at the time of signing up. Factors such as upcoming hearings or trials may impact a client’s initial payment quote when engaging with our firm.
After the initial security deposit is paid in a lump sum, representation may commence and our client’s are able to pay their upcoming invoices on a pay-per-week structure. This allows our clients to spread out their legal costs as the case progresses, ensuring financial transparency and avoiding large monthly invoices. Each week’s payment is based on the amount of work done the previous week, billed per hour. If our clients receive an invoice one week that is a bit higher than they anticipated, they may apply for a payment plan which entails them using their reserved security deposit for part of the balance owed and participating in a payment plan to replenish their security deposit back to it’s original quoted amount. Requiring the security deposit allows us to stay on a case even if a client needs additional time to pay an invoice and can help prevent us from withdrawing.
While our managing attorney is a single mom, not everyone on our staff shares the same personal circumstances. It’s important to note that our managing attorney, Gianni Avalos, plays a pivotal role in all hiring decisions and ensures that everyone on our team is dedicated to primarily serving a female or single-mom client base. We are committed to providing empathetic and tailored legal services to all our clients, regardless of their individual backgrounds.
Absolutely! While we are well known for advocating for single moms, we proudly represent fathers as well. Many of our dad clients come through referrals from our single-mom client base. Our priority is serving parents who act in their child’s best interest, regardless of gender.
Each state has its own laws and licensing requirements, and to ensure compliance and offer the best counsel, we limit our services to individuals whose cases are filed in Texas. We are unable to provide legal advice to individuals whose case is not in Texas. If you’re seeking assistance in another state, we can provide a referral, if available.
Our clients typically start by booking a consultation link using this LINK. For further questions, please call one of the following main lines:
Dallas/Fort Worth: (817) 309-7855
Houston Area: (832) 850-3938
San Antonio Area: (210) 526-4707
While consultations are highly recommended for most cases, we understand that some individuals may already be committed to retaining our services, particularly if they have an upcoming court setting or deadline. Before proceeding, you will need to provide us with the name of the opposing party so we can conduct a conflict-of-interest check. If no conflicts exist, we might be able to process your payment for engagement of services before a consultation. However, please note that representation is not guaranteed until you have spoken with an attorney at our firm following payment. This will be confirmed during your “case kick-off” call. If, for any reason, we are unable to proceed with your case, any remaining portion of your retainer will be promptly refunded.
Yes. You will have a dedicated trial attorney and paralegal assigned to your case. This legal team will be your primary point of contact, while our founding partner, Gianni Avalos, oversees the handling of your case.
Our standard business hours are Monday to Thursday from 9:00 a.m. to 5:00 p.m. and Friday from 9:00 am to 12:00 p.m. However, we understand that legal issues can arise unexpectedly. Thus, we strive to accommodate our clients’ needs and on a limited basis can arrange calls outside of these hours.
Even in an amicable situation, a lawyer can ensure your rights are protected, agreements are enforceable, and all paperwork is filed correctly to avoid future litigation.
We are a primarily virtual firm, with most client interactions conducted via Zoom or other virtual platforms for convenience and accessibility. However, if your case requires in-person appearances for hearings, mediations, or other legal proceedings, you will meet your attorney in person at those events. In-person conferences may also be scheduled for complex trial preparations when necessary. Operating primarily remotely allows us to reduce overhead costs, allocate more resources to your case, and offer competitive hourly rates. This hybrid approach ensures efficiency, cost savings, and high-quality legal representation.
ABOUT DIVORCE
Relocation that affects the other parent’s relationship with the child often requires court approval. Courts may impose a geographic restriction on the parent awarded the exclusive right to designate where the children live. However, it is possible to have this restriction lifted in a subsequent modification suit. Courts will consider multiple factors, prioritizing the child’s best interests and the other parent’s involvement and domicile at the time of the request.
Texas refers to alimony as spousal maintenance. If you have been married for at least 10 years at the time the final order is signed and the court determines you cannot meet your minimum reasonable needs, the court may award spousal maintenance. Additionally, courts may consider convictions of family violence during the marriage, whether you have primary care of a disabled child, or if you yourself are disabled and your ability to earn income or employability is negatively affected.
Timelines vary based on case complexity. Simple cases may resolve in a few months, while contested matters take longer. Even if uncontested, courts typically require a divorce to be on file for at least 60 days before finalization.
Texas follows community property laws, meaning assets acquired during the marriage are generally divided equitably. However, courts also recognize separate property, and that doesn’t just mean property acquired before a divorce.
While Texas is a no-fault divorce state, marital misconduct (such as adultery) may impact property division or dividing debt. An attorney will assess whether you qualify for a disproportionate share of the estate based on this conduct.
Texas recognizes common law marriage, also known as informal marriage. You may need a divorce if the court determines that you and your partner held yourselves out as married to the public and lived together. There is no required minimum time for cohabitation to establish a common law marriage.
ABOUT CUSTODY
Sole and joint managing conservatorship impact each parent’s decision-making rights and duties regarding the child. If you have been convicted of family violence, ask your attorney whether you may seek sole managing conservatorship. Aside from family violence, other factors may also impact whether you have grounds to plead for “sole custody.”
Depending on your child’s age and whether the other parent is named on the birth certificate or if there are existing orders granting both of you the independent right to apply for a passport, both parents’ signatures may be required. The passport office may also request a certified copy of your custody order to confirm that you have the sole legal authority to apply without the other parent’s consent. If the other parent refuses to sign, you may need to file a suit before the court.
No, custody is not automatically granted to mothers. Courts assess each parent’s roles and responsibilities throughout the marriage and separation, any existing informal custody arrangements, and ultimately, what serves the child’s best interests. Both parents have an equal opportunity to present their case.
Yes. Custody provisions can be modified post-divorce. The level of proof required depends on the modification sought, which may require showing a significant impairment or a material and substantial change in circumstances, such as a new job, relocation, or concerns regarding the child’s well-being.
Our firm is committed to providing compassionate and effective representation for clients involved in domestic violence situations. We assess whether a protective order or temporary restraining order restricting possession and access is necessary, as well as other protective legal measures such as public exchange locations, and address nondisclosure provisions to ensure your safety.
It may be possible to pursue a step-parent adoption along with a termination suit if the biological parent’s rights have not already been legally terminated. This process may require getting the biological parent served or obtaining their consent on a relinquishment of rights affidavit.
ABOUT CHILD SUPPORT
Yes. The OAG represents the state of Texas’s interests and not those of either parent. Consult with an attorney to determine whether you need dedicated advocacy for your specific needs.
If your ex misses child support payments, you may be entitled to file an enforcement suit in court. Enforcement options may include wage garnishment, tax refund interception, jail time, or even license and/or passport suspension for the noncompliant parent.
Yes. If at least three years have passed since your most recent order or if the new amount would differ by 20% or at least $100, you may be entitled to request a review and potential modification of your child support order. This does not mean that you are entitled to an increase after meeting those requirements, it means you may be entitled to a review of the current child support calculations and figures.
