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FAQ

Strategic Counsel, Empowered Families
  • Estate Planning

    • Yes, absolutely. Estate planning isn’t just for the wealthy, those in poor health, or those nearing retirement age. It’s for anyone who wants to protect their family, name guardians for their children, and ensure their wishes are followed if something unexpected happens. Estate planning is also for anyone who wants to make sure their loved ones aren't left with the burden of handling an unplanned estate.

    • We encourage you to review your estate plan every few years, or after major life events like a marriage, divorce, birth of a child, or significant financial change. You should also review your estate plan if you move to a new state, acquire a business, or purchase new real estate.

    • Yes, but you often get what you pay for. Online estate planning forms may seem convenient, but they frequently fail to comply with Texas law or sufficiently address your unique family dynamics. Unfortunately, by the time someone realizes online forms weren't enough, it's already too late. Our legal professionals can prepare documents that are legally valid and fully reflect your wishes.

    • We offer flat-fee estate planning packages tailored to your needs. Costs vary depending on whether you need a simple will-based plan or a more complex trust-based plan. We also offer packages for single individuals and married couples to reduce the cost. Reach out today to request a personalized quote.

  • Family Law

    • Absolutely. Our attorneys represent LGBTQ+ individuals from all walks of life in a wide range of cases, from same-sex divorce to adoption and custody matters. We understand the unique challenges and judicial bias involved in LGBT family law proceedings and are committed to helping you feel heard, understood, and supported at every step of the process.
    • High-asset divorces involve complex issues that go beyond a typical divorce, such as intricate financial portfolios, business interests, multiple properties, trusts, or retirement accounts that require careful analysis and professional valuations. Disputes over asset classification and long-term financial planning can also play a role, making it paramount to have an experienced attorney on your side.

      Our lawyers are well-versed in high-net-worth dissolutions to safeguard your wealth and legacy during the divorce proceedings. We coordinate with financial experts to help obtain accurate valuations, identify hidden assets, advise on tax implications, and advocate for an outcome that preserves your financial future. Our background in estate planning makes us well-equipped to guide your steps with precision.

    • Child support is calculated using statutory guidelines based on the paying parent’s net monthly income and the number of children involved. The standard guideline percentages are 20% for one child, 25% for two children, 30% for three children, 35% for four children, and 40% for five or more children.

      These percentages apply to the obligor's net income up to the statutory income cap, which is adjusted periodically under Texas law. Additional factors may also affect the final amount, including income above the cap, multiple support obligations, and how the obligor is paid (monthly, semi-monthly, biweekly, etc.).

      Our attorneys have an in-depth understanding of these legal nuances to help you present accurate income information, address deviations when appropriate, and advocate for a workable arrangement that reflects your family’s specific circumstances.

    • Yes. Our attorneys are fully prepared to represent your best interests in family law litigation if necessary. We aim to secure timely resolutions that support our clients’ futures, whether through mediation, negotiation, or at trial.

  • Divorce

    • Yes. Texas is a no-fault divorce state, meaning couples aren't required to prove fault or marital misconduct to get divorced. Instead, either spouse may file for divorce on the grounds of "irreconcilable differences." This refers to an irretrievable breakdown in the marriage that cannot be resolved. 

      State law also allows for fault-based divorces on the grounds of insupportability, cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital (Tex. Fam. Code § 6.001—6.007). We can assess your situation to determine which ground is appropriate for your specific case.

    • Texas is a community property state, meaning family courts aim to divide community property in a manner that is “just and right” (Tex. Fam. Code § 7.001). Community property includes marital assets, income, and debts acquired during the marriage. Separate property, such as assets owned before marriage or received as a gift or inheritance, is not subject to division if sole ownership is proven.

      However, the community property rule does not always result in a 50/50 split. The court retains broad discretion to divide property in a manner that is “just and right.” Some potentially influencing factors include the length of the marriage and misconduct or wrongdoing in fault-based divorces. Our attorneys can help you identify community property, trace complex assets, and present clear evidence to support a fair division.

    • The steps to divorce depend on the type of resolution and other factors. Below is a general overview of the process:

      1. Establish residency. To file for divorce, you or your spouse must have lived in the state for six months and in the county for the preceding 90 days.
      2. File the Petition for Divorce. The petitioning spouse must file an official petition through the office of the district clerk and pay the required filing fee.
      3. Notify the other spouse (respondent). Generally, you must serve your spouse with divorce papers by hiring a process server or arranging service through the constable; however, service can be avoided if you notify your spouse informally and they sign a “Waiver of Service.”
      4. Response. If the respondent is formally served, they have until the Monday after the 20th day after service (usually around 3 weeks) to file a written response with the court.
      5. Waiting period. State law requires couples to wait 60 days before finalizing a divorce, although there can be exceptions for cases involving family violence.
      6. Temporary Orders. Some cases require Temporary Orders to set rules, boundaries, and obligations that will control during the divorce. These will often include deciding who will live in the house, the interim possession schedule for child, and how bills will be paid. If Temporary Orders are necessary, the parties can reach an agreement or, if an agreement can’t be reached, set a hearing to ask the court to issue Temporary Orders.
      7. Settlement Negotiations and Mediation. Parties to a divorce are welcome to attempt to resolve their matter through informal settlement discussion amongst themselves. If that is not successful, most courts require parties to attend formal mediation to attempt to settle the case before a final trial before the court can be held.
      8. Final judgment. Whether the parties reach an agreement or a judge makes the final decision, once the final terms are reached, they will be outlined in a Final Decree of Divorce. Once the judge signs the Decree, the divorce is finalized.

      Each divorce may require different forms based on whether the couple has no children or property, no children, minor children without a current custody order, or minor children with an existing custody order. Our firm can help you complete the necessary paperwork correctly and on time to prevent procedural errors that may delay or jeopardize your case.

    • State law imposes a mandatory 60-day waiting period for divorce. This applies both to contested and uncontested divorce cases. However, this waiting period may be waived if the respondent has been convicted of or received deferred adjudication for an offense involving family violence (Tex. Fam. Code § 6.702). Our lawyers can explain your legal options and recommend an efficient path forward for your family’s circumstances.
    • Spouses are required to fully disclose all assets and debts in a divorce. If you believe your spouse is concealing property, income, or other assets, it’s important to act promptly. Our attorneys are well-versed in financially complex marital estates and coordinate with accountants, valuation professionals, and financial planners to request detailed disclosures, analyze and trace assets, and use discovery tools like subpoenas and depositions to make sure all marital property is properly accounted for.

  • Mediation

    • While we advocate for mediation as a powerful tool for conflict resolution, we recognize that it does not suit every circumstance. Cases involving domestic violence, hidden assets, or a party unwilling to negotiate in good faith often require the protective measures of traditional litigation. However, for those willing to communicate and compromise, mediation can offer a constructive path forward.

      We encourage you to explore mediation if:

      • You prioritize preserving family relationships. In both divorce and estate disputes, litigation often creates permanent rifts. If you need to co-parent effectively after a divorce or wish to maintain sibling bonds during a will contest, mediation can help foster the cooperation necessary to keep these relationships intact.
      • You value privacy regarding financial or personal matters. Courtroom battles regarding family law or contested estates become public record. If you own a business, hold significant assets, or simply value your privacy, mediation can allow us to confidentially resolve your dispute.
      • You require flexible solutions for complex assets. Judges must follow strict statutory formulas when dividing marital property. These rigid rules often fail to account for the nuances of family businesses, real estate holdings, or unique investments. Mediation empowers us to craft creative, custom agreements that satisfy everyone involved.
      • You want to minimize the emotional impact on children. Children tend to absorb the stress of their parents' legal battles. By choosing mediation, you can shield them from the hostility of a trial.
      • You prefer to spend assets on the family, not legal fees. Extended litigation can deplete the very assets you are trying to divide or inherit. If your goal involves preserving community property or the legacy left by a loved one, mediation may be the most prudent path forward.
      • You need a faster resolution than the court system allows. Probate and family courts in Texas often face significant backlogs. If you need to settle an estate quickly to pay debts or finalize a divorce to move on with your life, mediation allows you to set your own timeline and resolve matters efficiently.
    • You do not have to have a lawyer to attend a mediation session, but it’s in your best interest to have one. When one of our lawyers represents you in mediation, we can advise you before, during, and after mediation and make sure you understand any agreement before you sign it. It’s important to emphasize that the mediator is neutral and cannot give legal advice to either party. It’s also vitally important to understand that if you sign a Mediated Settlement Agreement, the terms of that agreement are binding, so you cannot change your mind later if you realize you shouldn’t have agreed to something or forgot something because you didn’t have an attorney’s assistance.
    • In mediation, you and the other party make the decisions together. In court, a judge makes those decisions for you, and they are limited by what the law says they can do. In mediation, the parties can reach creative and customized agreements. Mediation also tends to be significantly faster, less expensive, and more private than litigation.
    • We offer flat rates for mediation based on the length of the session:

      • Full-day session (eight hours): $2,400
      • Half-day session (four hours): $1,200
      • Hourly rate (minimum 1 hour): $450

      A $250 deposit is due when you reserve your date, and the remainder is due before mediation begins. Each party pays 50% of the fees, unless the parties agree otherwise or the court has ordered one party to pay the entire fee.

    • Not typically. At Mohr Law Group, we conduct mediation using a "shuttle" method. This means each party remains in a separate room (or virtual breakout room), and the mediator moves between them. This approach reduces tension and allows for more productive negotiations. Occasionally, the parties will request to stay in the same room, or a special set of circumstances may warrant it.
    • Not usually. Support from friends or family is important, but they cannot attend the mediation itself. Mediation is confidential, and only the parties (and their attorneys, if applicable) should participate. This also means that there shouldn't be anyone in the room with a party if they are participating virtually. There are some exceptions to this rule, such as when a party is disabled, when a party needs a translator, or if the parties and the mediator agree in advance that third parties can attend.
  • Child Custody

    • Not necessarily. A child cannot legally choose which parent to live with, even after they turn 12. However, this does not mean that the child's wishes are not considered. A judge may consider the child's preference when age-appropriate, but only in the wider context of their best interests.

    • Refusal to follow any family court order constitutes contempt of court. If your co-parent fails to honor the terms of your arrangement, we can help you document their violations and seek legal remedies to hold them accountable, such as filing a motion for enforcement, requesting makeup visitation, or petitioning for a formal modification.

    • A parent may be considered unfit if they cannot provide a safe, stable, and supportive environment for their child. Common factors include a history of family violence or abuse, neglect, criminal behavior or ongoing legal issues that put the child at risk, and mental or emotional instability that endangers the child’s well-being.

    • Some important reasons to work with our knowledgeable child custody attorneys include:

      • Documenting and presenting evidence. We help parents compile detailed records of caregiving, school involvement, medical care, and daily routines to demonstrate their role in the child’s life and build the strongest possible case. We also ensure that all of the rules of civil procedure and evidence are following so your documentation and evidence can be presented to the court.
      • Navigating complex evaluations. Custody disputes often involve psychological or social work evaluations. We can coordinate with evaluators and interpret findings in practical terms to help you understand the implications for your case.
      • Tailoring schedules to real-life familial needs. We work with parents to create and present proposals for custody and possession arrangements that fit work schedules, school activities, and travel considerations.
      • Preparing for court proceedings. From temporary custody hearings to litigation, our attorneys can help you prepare for each stage of the legal process to position your case for success and uphold your parental rights.
      • Predicting and Preventing Future Problems. Through years of experience and training, our team members can help you prevent future conflict, confusion, or unworkable orders by predicting issues you probably haven’t even considered and building solutions to those problems into a well-drafted agreement or order.
  • Powers of Attorney

    • Many people assume that POAs are only for people facing illnesses or advanced age. However, any adult over the age of 18 can benefit from having a power of attorney. This is especially true for individuals with minor children, complex finances or business interests, or frequent traveling obligations. Having this document in place allows trusted decision-makers to step in when needed, which reduces the risk of delays, confusion, or court involvement if you are unable to act on your own behalf.

    • A power of attorney is an essential part of a comprehensive estate plan. This legal document authorizes another person to manage your affairs and make decisions on your behalf. The designated individual is known as the “agent” or “attorney-in-fact.”

    • Any trusted adult who is of sound mind and at least 18 years old can be named as an agent in a POA. An agent will have significant authority over financial or medical decisions, making it critical to choose someone responsible, reliable, and capable of acting in your best interests. It’s important to choose a legally competent individual to act on your behalf, such as a spouse, close friend, adult child, or family member. You may also choose a professional if desired, such as a financial advisor.

    • The main difference between a durable and a non-durable power of attorney is what happens if the principal becomes incapacitated. A durable power of attorney remains in effect even if the principal becomes disabled or incapacitated, while a non-durable power of attorney ends if the principal becomes incapacitated.

      A DPOA is commonly used for long-term planning, while a non-durable POA is typically used for short-term or specific purposes. Choosing between the two depends on whether the authority needs to continue during incapacity. We can review your situation and help you choose a POA that aligns with your goals and planning considerations.

    • Medical POAs and living wills differ in scope and purpose. A living will specifies your wishes for future care, such as end-of-life treatment and DNR/DNI preferences, while a medical POA grants authority to an agent to act. In other words, a living will guides your care, while a living will authorizes a person to make medical decisions on your behalf.

      Having both a living will and a medical power of attorney can be beneficial because they serve complementary purposes. We can explain how these documents work together and tailor them to your wishes and healthcare priorities, giving you and your loved ones clarity in the event of a medical emergency.

    • Yes. A legally valid power of attorney must be in writing and signed before a notary public. Additional requirements for executing a POA include being of sound mind, being at least 18 years old, and clearly designating the agent or attorney-in-fact.

      Our lawyers are familiar with these rules and procedures to guide you through the process of drafting, reviewing, and executing a POA that complies with state requirements and accurately reflects your wishes and intentions.

    • You are not legally obligated to hire a lawyer to create a power of attorney, but seeking legal guidance is strongly recommended. Our firm can help you create a properly drafted document that meets the necessary legal requirements and outlines your wishes. We can also help you choose the right type of POA, select a trustworthy agent, and address any complex financial, medical, or estate-planning considerations to prevent future disputes and provide peace of mind.
    • There are various types of POAs, including:

      Limited or Special Power of Attorney

      A limited or special POA restricts the agent’s authority to certain tasks, such as managing a specific bank account, handling a real estate closing, or acting on the principal’s behalf for a defined purpose or period of time.

      General Power of Attorney

      A general POA grants broad authority for a wide range of matters. It ends if and when the principal becomes disabled or incapacitated. This type of POA is often used for short-term needs when the principal remains capable of making decisions.

      Durable Power of Attorney

      A DPOA is similar to a general power of attorney, but continues even if the principal becomes disabled or incapacitated. This type of POA is commonly used for long-term planning and allows an agent to manage financial or legal matters.

      Springing Power of Attorney

      A springing POA only takes effect when a triggering event occurs, such as the principal becoming incapacitated. Until that condition is met, the agent has no authority to act. This POA offers additional control, but can also cause delays during urgent situations.

      Medical Power of Attorney

      A medical POA allows the agent to make healthcare decisions on your behalf if you become mentally or physically unable to make your own decisions, such as choosing doctors, consenting to treatments, and managing facility admission.