PROCESS & FAQ
How We Work
An overview of the engagement process and answers to questions clients commonly raise prior to retaining counsel.
What is the timeline for a Texas divorce?
Texas imposes a mandatory 60-day waiting period following the filing of a petition. Uncontested matters with no significant asset disputes typically conclude within 2–4 months. Contested divorces involving complex property or disputed issues may require 6–18 months or longer. A realistic assessment of your specific timeline will be provided at the initial consultation.
How are retirement accounts handled in a Texas divorce?
Retirement account balances accumulated during the marriage are generally community property subject to division. Effectuating that division requires a Qualified Domestic Relations Order (QDRO) — a separate legal instrument filed with the plan administrator. Without a properly drafted QDRO, any transfer triggers immediate tax liability and early withdrawal penalties. Mr. Williamson has drafted and managed hundreds of QDROs over the course of his practice.
What are the options with respect to the marital home?
The parties may elect one of several approaches: one spouse acquires the other’s interest through a buyout, the property is sold and proceeds divided according to the decree, or — in limited circumstances — both parties continue co-ownership on a temporary basis. The appropriate resolution depends on equity, mortgage obligations, tax exposure, and each party’s financial position going forward.
Will my case require a court appearance?
Not necessarily. A significant portion of divorce matters are resolved through negotiation and settled without contested court proceedings, beyond a brief final hearing. Where agreement cannot be reached, however, the matter proceeds before a judge — and decades of experience in Dallas-area family courts is a meaningful advantage at that stage.
What is collaborative divorce?
Collaborative divorce is a structured process in which both parties commit in advance to resolving all issues outside of litigation, with the assistance of their respective attorneys and, where appropriate, a financial neutral or mental health professional. It typically produces faster, less costly outcomes and preserves the parties’ working relationship — a material consideration when co-parenting or ongoing business relationships are involved.
How are fees structured?
Fees are discussed fully and transparently at the initial consultation. Uncontested matters with straightforward assets are available on a flat-fee basis. More complex matters are billed hourly against a clearly stated retainer. There are no open-ended billing arrangements and no ambiguity about cost at the outset.
What is the distinction between community and separate property?
Community property generally comprises all assets and income acquired by either spouse during the marriage. Separate property includes assets owned prior to the marriage and gifts or inheritances received during it. Maintaining the classification of separate property requires documentation and, in some cases, tracing analysis. The distinction has significant financial consequences and warrants careful attention early in the process.
Can one attorney represent both parties?
No. Representing both parties in a divorce proceeding constitutes an impermissible conflict of interest under Texas professional conduct rules. Mr. Williamson represents one party. In cooperative matters, the process can proceed efficiently regardless — but each party is best served by independent counsel.
Additional questions are best addressed in consultation.
The initial consultation is $200 and available by Zoom or in person.