Divorce Representation in Collin County
Divorce is the legal process that dissolves a marriage and settles what the two spouses owe each other afterward: how the community estate is divided, who the children live with, what support is paid, and on what schedule each parent has possession. In Texas those questions are governed by the Family Code, and how they resolve depends heavily on the quality of the record put in front of the judge.
Lynda Landers has spent twenty-eight years on Texas family law and practises in the Collin County family district courts. Cases here are prepared as though they will be tried, because a matter built for trial negotiates from a far stronger position at the mediation table — and most cases do settle there.
Is Texas a No-Fault Divorce State?
Yes. A Texas divorce may be granted on the no-fault ground that the marriage has become insupportable, which means neither spouse has to prove the other caused the breakdown. Fault grounds do still exist — adultery, cruelty, abandonment, felony conviction, living apart for three years and confinement in a mental hospital — and pleading one can matter where it bears on the division of property or on conservatorship. Whether to plead fault is a strategic decision, not a moral one.
How Long Does a Divorce Take in Collin County?
Texas imposes a sixty-day waiting period from the date of filing before a divorce can be finalised, and few contested cases finish that quickly. An agreed divorce with a signed decree often resolves in two to three months. A case involving a business valuation, separate-property tracing or a contested custody schedule commonly runs six to twelve months, and longer where the court’s docket is full or discovery is resisted.
Where children, housing, support or the preservation of assets cannot wait that long, temporary orders are pursued early so the household has a workable arrangement while the case proceeds.
How Property Is Divided in a Texas Divorce
Texas is a community property state. The court divides the community estate in a manner it deems just and right, which is not automatically an even split. Separate property — assets owned before marriage, inheritances and certain gifts — remains with the spouse who owns it, but only where it can be traced and documented. Commingled accounts are where that documentation most often fails, and where careful work pays for itself. See property division for how tracing and valuation are handled.
Contested and Uncontested Divorce
In an uncontested divorce the spouses agree on every material issue — conservatorship, possession, support, and the division of property and debt — and the court is asked to approve what they have already settled. It is faster, cheaper and less taxing, and it works where both spouses can communicate without an imbalance of power.
A contested divorce is one where the court must decide something for the spouses. That requires disclosures, subpoenas, valuations and expert input, and it takes longer and costs more. Many cases begin contested and become agreed once the financial record is complete and both sides can see the same numbers.
What the Divorce Process Looks Like
Petition and Service
The original petition is filed in the county of residence and served on the other spouse, who has twenty days plus the following Monday to answer.
Temporary Orders
Interim arrangements for the children, the residence, support and the preservation of assets while the case is pending.
Discovery
Financial disclosures, account records, valuations and, where custody is disputed, evidence of each parent’s history of care.
Mediation
Collin County courts generally require mediation before a contested final hearing. Terms reached there are drafted the same day.
Final Decree
The decree is signed by the court and filed with the county clerk, terminating the marriage and setting out every term in writing.
Common Questions About Divorce in Texas
Does it matter who files for divorce first in Texas?
Filing first sets the tone of the case, decides the county where the petition is filed when both spouses qualify, and starts the sixty-day waiting period. The filing spouse also presents first at trial. None of that decides the outcome, but each is a tactical consideration worth discussing before anything is filed.
How much does a divorce cost in McKinney?
Cost tracks conflict. An uncontested divorce with agreed terms is the least expensive path. Contested property valuation, custody disputes and repeated hearings drive cost up. Willingness to compromise on lower-value issues is the single largest factor a client controls.
Can my spouse and I use the same divorce attorney?
No. An attorney may represent only one spouse in a Texas divorce. Representing both is a conflict of interest and would breach attorney-client confidentiality, even when the spouses agree on every term.
More answers are collected on the frequently asked questions page, and related matters are covered under child custody, child support and enforcement.