A first meeting with a lawyer about a divorce, a custody question, a will or a parent's estate often happens at a stressful time. People often arrive with questions whose answers depend on a document they left at home. A little preparation makes the meeting more productive, and in Texas family and estate matters, many of the documents worth bringing are ones the law will eventually call for anyway.
This guide covers what to gather before a first consultation for the most common family law and estate planning matters, along with questions worth asking. It also draws on how one Houston firm, The Bowen Law Firm, PLLC, describes the first stage of a matter on its website. Any firm you meet with may ask for something different, so check when you book.
Before gathering documents, write one page covering the basics: the full names of everyone involved, the dates that matter, such as a marriage, a separation, a birth or a death, where each person lives, and what you hope to resolve. A timeline is easier to follow than a conversation that jumps between years.
List any existing court orders or pending cases, in Texas or elsewhere, with the court and cause number if you have them. Under Section 6.406 of the Texas Family Code, when the spouses' child is not already under another court's continuing jurisdiction, the divorce case also has to resolve the children's issues, through what the Code calls a suit affecting the parent-child relationship. A lawyer will need to know whether another court already has the children's case.
Bring what shows what the marriage owns and owes. That usually means recent pay stubs, the last few years of tax returns, bank and retirement account statements, mortgage statements and deeds, vehicle titles, credit card and loan statements, and business records if either spouse owns a business. If there is a prenuptial or postnuptial agreement, bring a copy.
The reason is practical. While a divorce is pending, Section 6.502 of the Family Code lets the court, after notice and a hearing, order the spouses to prepare a sworn inventory and appraisement of what they own or claim, along with a list of their debts. Under Section 3.003, whatever either spouse possesses during the marriage or when it ends is presumed to be community property, and overcoming that presumption takes clear and convincing evidence. If you believe something is yours alone, such as a house you owned before the marriage or an inheritance, bring whatever shows where it came from.
For each child, bring the date of birth, the school, any special needs, and an honest description of the current routine: who handles school mornings, pickups, doctor visits and weekends. For support, bring income records for both parents if you have them, along with details of the children's health insurance. Section 154.181 of the Family Code has the court require both sides to disclose the child's health coverage before a temporary orders hearing or a final order, including the insurer, the policy number, who pays the premium and how much it is.
Estate planning conversations go faster with a list of what you own and how it is titled: real estate, bank and investment accounts, retirement accounts, life insurance, vehicles and business interests. Note which accounts already have a named beneficiary. Bring any existing will, trust, power of attorney or medical directive, even if you think it is out of date.
Think in advance about the people you would name. A will usually names an executor. A parent of minor children may also want to name a guardian, which Section 1104.053 of the Estates Code lets a surviving parent do in a will or in a written declaration. A financial power of attorney names an agent, and a medical power of attorney names someone to make health care decisions. Having a first choice and a backup in mind keeps the meeting focused.
If someone has died, bring the death certificate if you have it, the will and any codicils, and a list of what the person owned and owed. Note the date of death. Dates matter here: Section 256.003 of the Estates Code generally bars admitting a will to probate more than four years after the death, unless the person applying proves they were not in default for the delay. Bring recent statements, deeds and any mail from creditors.
Ask what the likely stages of the matter are, what deadlines apply, what the lawyer will need from you, how you will be kept informed, and how fees work. The Bowen Law Firm, PLLC, which practices family law, estate planning and probate in Houston, describes the start of a matter in similar terms on its about page: reviewing the records a client already has, identifying information that is still needed, and explaining the available options, the likely stages and the documents or evidence that may be important. Its family law page adds that a consultation can help identify immediate deadlines. That is a reasonable thing to expect from any first conversation.
Bring copies rather than originals unless asked, and keep a full set for yourself. If you share a computer, an email account or a phone plan with a spouse, think about how you will receive messages from a lawyer before the first one arrives.
This article is general information, not legal advice. Every family's situation is different; for advice about yours, speak with a licensed Texas attorney.