Frequently Asked Questions About Texas Family Law
Explore answers to common questions about collaborative divorce, child custody, high-asset issues, and mediation at The Law Office of Tim Whitten, PC in Austin and across Central Texas.
FAQs
Your Family Law FAQs, Answered by a Board-Certified Specialist
What makes collaborative divorce different from traditional litigation?
Collaborative divorce is a private, structured negotiation process where both parties and their lawyers commit to working toward settlement outside of court. Instead of building a case for trial as the default, the focus stays on transparent information exchange and interest-based negotiation. If the process ends and a case moves to litigation, the collaborative lawyers must withdraw and the parties retain new counsel, which encourages continued problem-solving in the collaborative framework.
How does your firm handle high-asset divorces and business ownership?
High-asset and business-owner cases often require added technical planning around property characterization and valuation. The firm addresses issues such as distinguishing separate property from community property, preparing for the legal standards needed to prove separate property, and analyzing business value, including the distinction between enterprise goodwill and personal goodwill when relevant. When helpful, neutral financial professionals and forensic accounting support can be part of building a supportable resolution.
What is the 'Three Doors of Resolution' approach?
The “Three Doors of Resolution” refers to three primary paths for resolving a family law matter: litigation, collaborative law, and mediation. The firm uses this framework to help clients understand what each option involves, how decisions get made under each path, and which process best fits the facts and goals of the situation.
How are parenting plans and child custody determined in Texas?
Parenting plans and custody arrangements are determined under a “best interests of the child” standard. Practically, that often means drafting clear schedules and decision-making terms that reduce conflict after orders are entered. When appropriate, interest-based negotiation can help parents focus on the child’s needs and build provisions that are specific enough to be workable over time.
Can your firm handle modifications or enforcement of existing court orders?
Yes. The firm assists with modifications and enforcement matters, including post-decree issues involving custody, support, and visitation. When circumstances change, interest-based negotiation can be used to explore updated terms outside of court, and litigation remains an option when agreement is not possible.
Do you offer guidance on adoptions and same-sex family matters?
Yes. The firm handles child and adult adoptions and can address same-sex family law matters using established legal standards. For adoption matters, the focus is on completing the required legal steps and documentation so the adoption is properly finalized.
How can I get started or schedule a confidential consultation?
You can contact the Austin office by phone or through the online form to request a confidential consultation. If you need to handle payment online, the firm uses LawPay/8am for secure payment processing.
Didn’t find the answer you’re looking for? Reach out and share a brief description of your situation. We can help you identify which resolution path fits, and what a first consultation would cover.









