Question 1

Where are family law cases filed in McKinney?

Accepted Answer

Family law cases for McKinney residents are filed with the Collin County District Clerk at the Collin County courthouse in McKinney. Because McKinney is the county seat of Collin County, the courthouse is conveniently located right here in town.

Question 2

How long does a divorce take in Collin County?

Accepted Answer

Texas law requires a minimum 60-day (Texas Family Code § 6.702) waiting period from the date the divorce petition is filed. An uncontested divorce with no children may be finalized shortly after the 60-day period. Contested divorces or cases involving children, substantial property, or complex issues typically take 6 to 12 months or longer depending on the court's docket and the level of disagreement between the parties.

Question 3

How much does a divorce cost in McKinney?

Accepted Answer

The cost of a divorce varies widely based on complexity. Filing fees with the Collin County District Clerk are several hundred dollars. Attorney fees depend on whether the divorce is contested or uncontested, the issues involved (custody, property division, support), and how long the case takes to resolve. During your consultation, Lisa G. Garza will discuss fee structures and give you realistic expectations for your situation.

Question 4

Do I have to go to court for my divorce in McKinney?

Accepted Answer

In an uncontested divorce where both spouses agree on all terms, only one spouse typically needs to appear before a Collin County judge for a brief prove-up hearing. In contested cases, both parties may need to attend hearings, mediations, and potentially a trial at the Collin County courthouse in McKinney.

Question 5

What is the difference between custody and conservatorship in Texas?

Accepted Answer

Texas uses the term 'conservatorship' rather than 'custody.' Joint managing conservatorship means both parents share rights and duties. Sole managing conservatorship grants primary decision-making authority to one parent. The term 'possession and access' refers to the visitation schedule — when each parent has physical time with the child.

Question 6

How is child support calculated in Texas?

Accepted Answer

Texas uses a percentage-of-income model. The paying parent's net monthly resources are multiplied by a percentage based on the number of children: 20% for one child (Texas Family Code § 154.125), 25% for two, 30% for three, and so on. Net resources include salary, bonuses, commissions, and other income sources, minus certain deductions. The guidelines apply up to a statutory cap on net resources.

Question 7

Can I modify a custody or support order in McKinney?

Accepted Answer

Yes. Custody and support orders can be modified if there has been a material and substantial change in circumstances (Texas Family Code § 156.401) since the last order. For support, modification is also available if it has been three years since the order was signed and the current amount differs from the guideline amount by 20% or $100. Modification petitions are filed with the Collin County court that issued the original order.

Question 8

Is Texas a 50/50 property division state?

Accepted Answer

Texas is a community property state (Texas Family Code § 7.001), but that does not mean assets are automatically split 50/50. The court divides community property in a manner that is 'just and right,' which may result in an unequal division based on factors like fault in the breakup, disparities in earning capacity, the needs of the children, and each spouse's health and age.

Question 9

Do Collin County courts require mediation?

Accepted Answer

Many Collin County family court judges require parties to attempt mediation before setting a case for trial. Mediation is a structured negotiation session conducted by a neutral mediator. Cases that settle in mediation are typically resolved faster and at lower cost than cases that go to trial. Even if mediation is not court-ordered, it is often voluntarily pursued as an effective way to resolve disputes.

Question 10

Where is your McKinney office located?

Accepted Answer

Our office is located at 205 West Louisiana St., Suite 103, McKinney, TX 75069. We are conveniently situated in McKinney, the county seat of Collin County, near the courthouse where family law cases are heard. Call (214) 373-6556 to schedule a consultation.

McKinney Family Law Attorney

Family Law Services for McKinney Residents

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Child Custody

Child Support

Property Division

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