Austin Divorce Attorneys

About The Law Office of Oprea & Weber

The Law Office of Oprea & Weber is a boutique divorce and family law firm located at 1411 West Ave, Suite 200, in Austin, Texas, serving clients throughout Travis, Williamson, Hays, and Bastrop Counties. Founded in 2014 by Kevin Weber and Karen Oprea, both magna cum laude graduates of the University of Michigan Law School, the firm handles divorce, child custody, child support, spousal maintenance, property division, prenuptial and postnuptial agreements, paternity, SAPCR suits, and post-divorce modifications. The firm is known for resolving family law matters through cooperative, collaborative, and mediated divorce whenever possible, while preparing every case with the depth and discipline needed to succeed in court when litigation is necessary.

A Boutique Approach to Family Law in Austin

Every family is different, and no two divorces follow the same path. We do not use cookie-cutter solutions. Instead, we take the time to understand your circumstances, your priorities, and your concerns, then build a strategy designed specifically for you.

We keep our caseload intentionally manageable so we can stay responsive and engaged with every client. When you hire Oprea & Weber, your attorney personally handles your case from the first consultation to the final decree. You will not be passed off to layers of staff or junior associates.

Big Law Training, Practical Results

Our attorneys bring a wealth of experience to every case. Kevin Weber and Karen Oprea both graduated magna cum laude from the University of Michigan Law School, a top ten law school, and bring a Big Law background to a boutique practice. Kevin trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, where he worked alongside some of the best lawyers in the world. Karen has briefed and argued cases before the Fifth Circuit Court of Appeals, the Texas Court of Criminal Appeals, the Texas Courts of Appeals, and the New York appellate courts.

That background gives our firm the legal research, writing, negotiation, and trial preparation skills needed to handle even the most complex family law cases. We are fully prepared to litigate, but we believe the best outcomes usually come from cooperation rather than conflict. When reasonable conversation is possible, it saves time, money, and emotional strain. When it is not, we advocate firmly to protect your rights and your children.

Our Family Law Services in Austin

Oprea & Weber represents clients in a wide range of family law matters in Austin and Central Texas, including:

• Prenuptial and Postnuptial Agreements: Thoughtful planning can set a marriage on solid ground and prevent disputes later. We draft and review prenuptial agreements and postnuptial agreements that clarify financial expectations and protect what matters to you.
• Divorce: From agreed and uncontested divorces to complex contested cases involving property, support, or children, we tailor our guidance to your situation and goals.
• Collaborative, Cooperative, and Mediated Divorce: We offer several out-of-court paths, including collaborative divorce, cooperative divorce, and mediation, that help families resolve issues privately and respectfully.
• Child Custody and Visitation: We help parents build parenting plans and possession schedules that protect a child’s best interests and work in real life for both parents.
• Child Support and Spousal Maintenance: We work to establish fair child support orders and spousal maintenance arrangements that reflect each family’s needs and finances.
• Property Division: Texas is a community property state, so dividing assets and debts requires careful analysis. We help clients reach a just and right division, including cases involving businesses, retirement accounts, and real estate.
• Paternity and SAPCR Suits: We help unmarried parents establish legal parentage and resolve custody, visitation, and support through a Suit Affecting the Parent-Child Relationship.
• Modifications, Relocation, and Enforcement: When life changes, existing custody or support orders may no longer fit. We handle modifications, parental relocation disputes, and enforcement actions when the other party is not following the order.

If your situation involves family law, there is a good chance we can help.

Divorce Representation Centered on Families

Divorce is never easy, but the right lawyer makes a real difference. Travis County family courts expect parents to put their children’s needs first and encourage spouses to work toward cooperative resolutions. We support that approach by helping clients find common ground wherever possible, while preparing every case as though it may go to trial. That preparation gives our clients leverage in negotiation and confidence in the courtroom, no matter how the case develops.

How Divorce Works in Texas

Ending a marriage is a major legal and emotional transition. Our Austin divorce lawyers help clients understand each stage of the Texas divorce process, where agreement can save time and money, and what the court will require.

Step 1: Residency Requirements and Deciding to File

To file for divorce in Texas, at least one spouse must have lived in Texas for at least six months and in the county of filing, such as Travis County for Austin residents, for at least 90 days. Texas does not require both spouses to agree to the divorce. Once residency is met, one spouse, called the Petitioner, can begin the process.

Step 2: Filing the Petition and Serving the Other Spouse

The case begins with an Original Petition for Divorce filed in the proper district court. The petition sets out the basic facts of the marriage and the relief requested regarding property, children, and support. The other spouse, called the Respondent, must then be formally served or may sign a waiver of service. A served Respondent generally has about 20 days to file an answer, and if no answer is filed, the case may move forward by default.

Step 3: Temporary Orders

While a divorce is pending, urgent issues often need immediate attention, such as where the children will live, who pays which bills, temporary support, and who stays in the family home. Either spouse can request temporary orders to keep things stable until the divorce is final. We help clients negotiate fair temporary orders and, when needed, present a strong case at the temporary orders hearing.

Step 4: The 60-Day Waiting Period

Texas law requires a 60-day waiting period from the date the petition is filed before a court can grant a divorce. The exceptions are narrow and involve family violence. Even when spouses agree on everything right away, the 60 days must pass before the decree is signed.

Step 5: Negotiation, Mediation, or Agreement

When spouses can agree on property division, custody, child support, and spousal maintenance, the divorce is usually faster, less expensive, and less stressful. Agreement may come through collaborative or cooperative divorce, mediation, or direct settlement discussions. We draft clear, enforceable settlement agreements ready for the court’s approval, and even in litigated cases, most divorces settle before trial.

Step 6: Discovery When Issues Are Disputed

In contested cases, both sides exchange information through discovery. This can include bank statements, tax returns, business valuations, property appraisals, and evidence about parenting and living arrangements. We help clients gather and organize this information so it supports their position in negotiation and in court.

Step 7: Hearings and Trial When Necessary

If issues remain unresolved, the court may hold hearings on specific disputes and, ultimately, a final trial. Most divorces never reach a full trial, but when a case is headed toward litigation, we prepare thoroughly while continuing to look for a sensible resolution.

Step 8: The Final Decree of Divorce

Once every issue is resolved by agreement or by the court, the judge signs a Final Decree of Divorce. The decree ends the marriage and sets out the final orders on property, debts, conservatorship, possession and access, child support, and spousal maintenance. Clear, precise drafting at this stage helps prevent disputes later.

Step 9: Life After the Decree

After the divorce, there may still be work to do, such as transferring titles and retirement accounts, enforcing the decree if a former spouse does not comply, or modifying custody and support orders as circumstances change. We continue to help clients with these post-divorce matters.

How Long Does a Texas Divorce Take?

The 60-day waiting period is the minimum. An agreed divorce in Austin can often be finalized shortly after that period ends, while contested divorces involving children, businesses, or significant assets commonly take many months. The timeline depends largely on how quickly the spouses resolve their disagreements and on the court’s schedule.

Why Clients Choose Oprea & Weber

Clients across Austin and Central Texas turn to us because of how we practice law. We are counselors, advocates, and problem-solvers, not simply legal technicians. When you hire our firm, you can expect:

• Direct Attorney Access: Your attorney personally handles your case every step of the way.
• Clear Communication: We keep you informed and explain your options in plain language.
• Strategic Thinking: Training in complex litigation and appellate practice helps us anticipate issues and develop creative solutions.
• A Cooperative Focus: We resolve matters efficiently and respectfully whenever possible and stand ready to fight for you in court when necessary.

Our clients consistently describe us as knowledgeable, thorough, and caring. You can read their experiences on our client testimonials.

Texas Divorce and Family Law FAQs

Is custody in Texas always split 50/50?

No. Texas calls custody “conservatorship” and visitation “possession and access.” The law favors frequent and continuing contact with both parents, but that does not guarantee an equal split. Many families use the Standard Possession Order, in which one parent has the right to designate the child’s primary residence and the other parent has scheduled weekends, holidays, and extended summer time. Parents may agree to an equal schedule, and courts will approve it when it serves the child’s best interests.

How is child support calculated in Texas?

Texas guidelines base child support on a percentage of the paying parent’s net monthly resources: 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five, and at least 40% for six or more, up to a statutory income cap. The percentage is adjusted when the parent supports children in other households, and a court may depart from the guidelines when they would be unjust or inappropriate, such as when a child has extraordinary medical needs.

When does child support end?

Support generally continues until the child turns 18 or graduates from high school, whichever is later, as long as the child remains enrolled and meets attendance requirements. Support for a disabled child who cannot support themselves may continue indefinitely.

What is a mediated divorce?

In mediation, a neutral mediator helps spouses work through disagreements and reach a settlement. It is usually faster, less expensive, and less stressful than trial. Kevin Weber both mediates family law disputes and represents clients in mediation, giving him valuable insight into how to reach agreements that last.

Do we both need a lawyer?

In most divorce and custody cases, each spouse hires their own attorney. In a cooperative divorce, Kevin Weber represents one spouse while working with both spouses to resolve their issues together, and the other spouse chooses to proceed without separate counsel. This approach saves money and works best for couples committed to a respectful, transparent process. When there is significant conflict, or when either spouse is uncomfortable proceeding without a lawyer, each spouse should have their own attorney.

What is a default divorce?

A default divorce happens when the served spouse does not file an answer by the deadline. The court may then grant the divorce based on the filing spouse’s requests. Even in a default case, the decree must be carefully prepared so property, custody, and support are fully and correctly addressed.

Can I get an annulment instead of a divorce?

Annulments are uncommon in Texas and are available only on specific grounds, such as fraud, duress, or force, a spouse being underage without proper consent, a spouse being under the influence of alcohol or drugs at the time of marriage, or the marriage taking place within 72 hours of the license being issued. Most marriages must be ended through divorce.

Am I responsible for my spouse’s credit card debt?

It depends. To a creditor, a Texas spouse generally is not personally liable for a card the other spouse opened alone, apart from limited exceptions such as necessaries. In a divorce, however, debts incurred during the marriage are often treated as community debts, and the court considers them when dividing the marital estate. Separating community debt from separate debt is an important part of reaching a fair property division.

What happens if I overpaid child support?

Overpayments are not automatically refunded. Depending on the circumstances, they may be credited or addressed through the court. If your situation changes, for example because a child moves in with you, it is important to seek a modification promptly rather than continue paying under an outdated order.

How long before my divorce is final?

No Texas divorce can be finalized until 60 days after the petition is filed, except in limited family violence situations. Agreed divorces can often be completed soon after the waiting period ends, while contested cases may take many months or longer.

Do I need a lawyer to get divorced in Texas?

The law does not require one, but divorce determines your rights to property, debts, custody, and support. Mistakes or overlooked issues can be expensive and difficult to fix later. An experienced attorney helps ensure your decree is complete, enforceable, and protective of your interests.

Can grandparents get custody or visitation in Texas?

Sometimes, but the standards are strict. Texas law gives strong deference to parents, and grandparents seeking access generally must show that denying it would significantly impair the child’s physical health or emotional well-being. Grandparents and other relatives may also seek conservatorship in certain circumstances through a SAPCR suit.

Can we resolve everything without going to court?

Often, yes. When spouses or co-parents reach an agreement, the attorneys prepare the settlement and present it to the court for approval. The judge confirms it complies with Texas law and serves the best interests of any children, and the agreement then becomes a binding order without a drawn-out trial.

Can a divorce order be changed later?

Custody, visitation, and child support orders can be modified when there has been a material and substantial change in circumstances, such as a job loss, a move, or a change in a child’s needs. Court-ordered spousal maintenance can also be modified in some circumstances, while property division is generally final once the decree is signed. Contractual alimony depends on the terms of the agreement.

How much does a divorce cost in Austin?

Cost depends on the complexity of the case and how much the spouses agree. Agreed and uncontested divorces cost far less than litigated cases, which may require financial experts, custody evaluators, and multiple hearings. Our cooperative, collaborative, and mediated options are cost-effective alternatives to prolonged litigation.

Should I write my own prenuptial or postnuptial agreement?

It is risky. A marital agreement that does not meet Texas legal requirements may not hold up when it matters most, or it may not accomplish what you intended. A properly drafted agreement protects both spouses and helps avoid disputes in the future.

Serving Austin and Central Texas

From our office on West Avenue in downtown Austin, we represent families throughout Travis, Williamson, Hays, and Bastrop Counties. Within Austin, we work with clients from Downtown, South Congress, East Austin, Zilker, Barton Hills, Clarksville, Hyde Park, Mueller, Tarrytown, Travis Heights, Bouldin Creek, Allandale, Brentwood, and Circle C Ranch, as well as nearby West Lake Hills, Bee Cave, and Lakeway. Our attorneys also serve clients to the north in Round Rock, Georgetown, Pflugerville, Cedar Park, Leander, Hutto, Liberty Hill, Taylor, and Lago Vista, to the east in Manor, Elgin, and Bastrop, and to the south and west in Buda, Kyle, San Marcos, Lockhart, Dripping Springs, and Wimberley. Wherever you live in the region, you receive the same personal attention and careful representation.

Schedule a Consultation With an Austin Divorce Lawyer

The first step toward resolving your family law matter is finding the right attorney. During your consultation with The Law Office of Oprea & Weber, you will get to know us, talk through your situation, and leave with a clearer understanding of your options.

Whether you are facing divorce, navigating a custody dispute, or planning ahead with a prenuptial agreement, our Austin divorce attorneys are ready to listen and help you move forward with confidence. Call 512-344-9070 or contact our Austin office to schedule your consultation.