Family Law Services in Fayette County

Representing clients in La Grange, Schulenburg, Flatonia, and Round Top through divorce and custody matters with clarity and compassion.

Family Law Services

  • Divorce litigation & negotiation

  • Child custody & visitation

  • Child support

  • Enforcement & modifications

  • Protective orders

  • Mediation pathways

Why Choose Us

  • Local familiarity with Fayette County judges and procedures

  • Calm, structured guidance during emotional decisions

  • Strong advocacy in and out of court

  • Clear communication every step of the way

Family law cases in Fayette County often involve multigenerational families, rural property considerations, and traditional values. We provide modern legal strategy grounded in respect for those traditions.

 FAQs

  • ‍In Fayette County, the 155th District Court handles divorces and custody matters. This is where you will file divorce and child custody cases, and the District Clerk's office is the filing office for these types of suits. 

  • ‍When filing a lawsuit in Fayette County, Texas, while living just outside the county, the primary requirement is that the venue must be proper according to Texas law. Your residency alone does not determine the correct filing location; the circumstances of the case do.

    You may file your case in Fayette County if it meets specific venue requirements. Generally, a case can be filed in: 

    • The precinct and county where the defendant lives.

    • The precinct and county where the incident that caused the damage or injury occurred.

    • The precinct and county where the contract was to be performed, if it is a contract case.

    • The precinct and county where the personal property you are suing for is located. 

    Key Considerations

    • Proper Venue is Crucial: While you can technically file in any court, the defendant has the right to request a change of venue if the location is improper.

    • Potential for Re-filing Fees: If the case is moved to the correct venue, you may have to pay the filing fees again in the new county.

    • E-Filing is Required: All court filings in Fayette County Constitutional Courts must be submitted through the eFile Texas system. 

    To ensure you are filing in the correct place, you should consult the rules regarding venue in Texas and potentially seek legal advice. You can find more information in the "Filing Information" section for small claims cases on the Fayette County website or other legal self-help resources like Texas Law Help.

  • The timeline for an uncontested divorce in both Fayette County and larger urban counties in Texas is primarily governed by the mandatory 60-day state waiting period. The main difference in practice is that larger urban counties may experience slightly longer delays due to heavier court caseloads, while smaller counties might offer a quicker final hearing date once the waiting period expires. 

    Common Timeline for All Texas Counties

    For a divorce to be truly uncontested, both spouses must agree on all major issues, including property division, child custody, and support arrangements. The process follows these general stages across the state: 

    • Filing the Petition: One spouse files an Original Petition for Divorce with the district court in the appropriate county, at which point the 60-day "cooling-off" period begins.

    • Service of Process: The other spouse is formally notified of the filing, often by signing a waiver of service to avoid delays.

    • Mandatory Waiting Period: A judge cannot finalize the divorce until at least 61 days have passed from the date of filing the petition.

    • Finalization/Prove-Up Hearing: After the waiting period, a brief court hearing is scheduled where a judge reviews the agreed-upon Final Decree of Divorce to ensure it meets all legal requirements and is in the best interest of any children involved. 

    In essence, while the legal minimum is the same, an uncontested divorce may be finalized slightly faster in a rural county like Fayette County due to less congestion in the local court system, provided both parties are cooperative and all documentation is in order. 

  • ‍In Fayette County, as in all of Texas, the primary legal grounds for modifying a custody or support order are a "material and substantial change" in circumstances affecting the child or a parent, and that the requested change is in the best interest of the child

    Common Grounds for Modifying Custody

    A court in Fayette County will consider various situations to determine if a material and substantial change has occurred to justify a custody modification. These commonly include parental relocation that makes the current visitation schedule impractical, evolving educational, medical, or emotional needs of the child, and the preference of a child who is at least 12 years old. Other grounds are instability in a parent's home due to issues like substance abuse, neglect, illness, or an unstable living situation. Family violence or child abuse is explicitly defined in Texas law as a material and substantial change, as is a parent with primary custody voluntarily allowing another person to care for the child for at least six months (unless due to military deployment). 

    Common Grounds for Modifying Support 

    Modifying child support also requires a "material and substantial change" in circumstances. This can include a significant change in either parent's income or if three years have passed since the last order and a new calculation would change the amount by at least $100 or 20%. Changes in the child's medical insurance costs or new medical expenses can also be grounds, as can changes in custody or living arrangements or the paying parent having additional children. 

    Important Note: Any changes to custody or support must be approved by a judge to be legally binding. 

    For specific advice, it is recommended to consult with a family law attorney or utilize resources like Texas Law Help. 

  • Mediation and other forms of alternative dispute resolution (ADR) can shorten the process in Fayette County by replacing strict court schedules with flexible, self-scheduled sessions that can lead to quicker settlements. These methods are often faster because they reduce the amount of formal paperwork and allow parties to reach agreements directly through a mediator, avoiding the lengthy, adversarial nature of a trial. 

    How ADR helps shorten the process

    • Flexible scheduling: ADR allows parties to schedule meetings as soon as they are ready, instead of waiting for the court's limited availability which can push hearings months out.

    • Efficient process: Mediation sessions can sometimes conclude a dispute in a single day, while a full trial can take months or even years.

    • Reduced paperwork: ADR often requires less formal and extensive paperwork compared to the rigid requirements of court filings.

    • Streamlined communication: Mediation focuses on direct communication between the parties, facilitated by a neutral third party, which can be more efficient than the traditional back-and-forth of litigation.

    • Pre-trial strategy: A mediation session often happens after some initial "discovery" has occurred in the lawsuit, giving parties a clearer picture of their case's strengths and weaknesses before they attempt to settle. 

    To start the process in Fayette County

    • Check court rules: See if Fayette County courts have specific programs or rules for ADR, as some courts strongly encourage it.

    • Contact local resources: Look for local mediation services in or near Fayette County.

    • Consider a lawyer: A lawyer can explain how ADR works in Texas and help you through the process. 

Serving La Grange, Flatonia, Schulenburg, Round Top, and all of Fayette County.