Practices
Family Law
Divorce, custody, and child support handled with care for the people and children involved.
Family-law cases are personal. We listen first, then we plan the legal steps that protect your home, your finances, and your relationship with your children.
We handle contested and uncontested divorces, custody and visitation, modifications, and enforcement actions in Starr, Hidalgo, and surrounding counties.
Whenever possible we resolve matters outside the courtroom. When the other side will not cooperate, we are prepared to litigate.
What sets us apart
Why clients choose us for family law
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We sit with both parties when it makes sense
For uncontested matters in the same family, we explain the law in plain Spanish and English so both spouses understand what they are signing, even when only one is the client.
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Custody plans drafted with the calendar in front of us
Possession schedules under Texas Family Code 153.252 are not abstract - they have to match work shifts, school zones and travel times. We draft them with the calendar open.
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Spanish-language client experience
Pleadings are filed in English (as required), but every conversation, every document explanation, and every hearing prep is in your preferred language.
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Child-centered, not lawyer-centered
We do not run up fees fighting over $40 expenses. We focus on the orders and provisions that matter for the kids and for finality.
Sub-areas
What we cover in this area
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Divorce
Uncontested and contested divorce representation across South Texas, including community property and custody issues.
Learn more -
Child Custody
Conservatorship, possession and access, and child support in original suits and as part of divorce.
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Adoption
Step-parent, relative, and private adoptions under the Texas Family Code.
Learn more -
Modifications and Enforcement
Modifying existing custody and support orders, and enforcing orders the other party has violated.
Learn more
Our approach
What to expect when you hire us
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Confidential intake
We meet, listen, and identify your goals before any paperwork starts.
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Strategy and scope
We explain the realistic timeline, the likely costs, and the steps we plan to take.
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Filing
We prepare and file the petition in the appropriate Texas district court.
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Temporary orders
When children, possession, or finances need to be addressed quickly, we get temporary orders in place.
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Discovery and negotiation
We exchange information, evaluate proposals, and negotiate where appropriate.
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Final hearing or trial
Most cases resolve before trial. When trial is necessary, we are ready.
What it costs
How we charge in this area
No surprise invoices. We put the fee in writing before you sign anything.
Family law cases are billed as either a flat fee (uncontested divorces, agreed custody orders, simple modifications) or hourly with a written retainer (contested divorces, custody disputes, enforcement actions). The fee structure is in writing before you sign.
We do not require a $10,000 retainer to open a case. We accept payment plans for most matters and we tell you, in writing, what we expect each phase to cost.
Initial consultations are flat-fee or free depending on the matter. We will tell you on the phone which applies to your situation.
Practical checklist
What to bring to the first meeting
Do not wait until you have it all. We work with what you have and we obtain the rest.
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Marriage certificate
Bring whatever you have related to "Marriage certificate". If something is missing, we obtain it together during the case.
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Each child's birth certificate
Bring whatever you have related to "Each child's birth certificate". If something is missing, we obtain it together during the case.
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Any prior court orders
Custody, child support, divorce decrees from other matters.
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Most recent pay stubs for both spouses
Needed for child support and spousal maintenance calculations.
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Recent tax returns (last 2 years)
Bring whatever you have related to "Recent tax returns (last 2 years)". If something is missing, we obtain it together during the case.
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List of assets and debts
Houses, vehicles, retirement, credit cards, student loans.
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Address and contact info for the other party
Bring whatever you have related to "Address and contact info for the other party". If something is missing, we obtain it together during the case.
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Any protective orders or police reports involving the family
Bring whatever you have related to "Any protective orders or police reports involving the family". If something is missing, we obtain it together during the case.
Cautions
Common mistakes people make
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Moving children out of Texas without a written order
Even amicable relocations can trigger an enforcement action and an emergency hearing. Get a written modification before you load the U-Haul.
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Cleaning out the joint bank account
It looks vindictive, it triggers temporary orders, and the court can order you to put it back with interest. Pay routine bills, then stop.
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Trash-talking the other parent on social media
Screenshots come into evidence. Posts that show you cannot co-parent become exhibits in a contested custody hearing.
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Signing whatever the other side's lawyer sent over
Even "simple" agreed decrees often have child support, retirement, and tax provisions that lock in for years. Always have your own lawyer read it.
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Skipping the SAPCR financial information sheet
Texas Family Code 154.063 requires both parties to disclose income. Hiding it does not help - it just delays the case and irritates the judge.
Critical windows
Deadlines you should know
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Texas 60-day waiting period for divorce
60 daysTex. Fam. Code 6.702 requires at least 60 days between filing the petition and entry of a final decree. Build that into your timeline.
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Temporary orders hearing
Within ~30 daysTemporary custody, child support and exclusive use of the residence usually issue at a TO hearing set shortly after filing. Both sides should be prepared.
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Modification of child support
Substantial changeTex. Fam. Code 156.401 - a material and substantial change in circumstances (or 3+ years and 20% / $100 difference) is required.
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Protective order extensions
Up to 2 yearsStandard protective orders are typically up to 2 years (longer in qualifying cases). Renewals must be requested before expiration.
Common questions
Questions about Family Law
How long does a Texas divorce take?
Texas requires a 60-day waiting period after filing for divorce. Uncontested matters can be finalized soon after. Contested matters typically take six to twelve months, sometimes longer.
Do I have to go to court if my spouse agrees?
Even uncontested divorces require a prove-up hearing, which is typically short. We can usually appear for you in routine matters with proper authorization.
How is property divided in Texas?
Texas is a community-property state. Property and debt acquired during marriage are presumed community and are divided in a manner the court considers just and right.
How is custody decided?
Texas favors joint managing conservatorship in most cases, with one parent having the right to designate the primary residence. The court considers the best interest of the child.
Can custody and child support be changed later?
Yes. Modifications are available when there has been a material and substantial change in circumstances.
Recent representative outcomes
Anonymized example outcomes
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Contested custody modification, Starr County
Primary conservatorship awarded to client
2024
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Uncontested divorce with two children, Hidalgo County
Final decree entered within statutory minimum period
2024
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Child support enforcement and arrearage
Full arrearage recovered with interest
2023
Past results do not guarantee, warrant, or predict future outcomes. Each case is unique and must be evaluated on its own merits.
Who handles these cases
Your attorney for family law
J.M. Chema Garza personally handles every family law file at the firm - from the first phone call through the final signature. No rotating staff, no paralegals as your point of contact. The conversation is direct, in your language, and strategy is decided with you in the room.
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Bar admissions
State Bar of Texas · U.S. District Court, Southern District of Texas · U.S. Court of Appeals, Fifth Circuit
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Languages
English · Español
Client voices
Trusted across the Rio Grande Valley
The attorney handled our matter personally from the first call. His knowledge of the valley and commitment to every client make the difference.
Firm client
Rio Grande City, TX
Past results do not guarantee or predict similar outcomes. Every matter is decided on its own facts and applicable Texas law.
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.