Collin County Divorce FAQs

When Can I File for a Divorce in Texas?

Texas has both state and county residency requirements for those who wish to file for divorce. In general, you or your spouse must have lived in the State of Texas for at least the most recent six months, and you must file in the county where one of you has lived for the past 90 days. There is no requirement that you have been separated for any length of time before filing, but you will need to wait at least 60 days after filing before your divorce can be finalized.

How Can an Attorney Help With My divorce?

Though you are within your rights to go through the divorce process without a lawyer, doing so can leave you at a significant disadvantage. If your divorce is contentious, an attorney will help you protect your interests and represent you in litigation regarding property division, child custody, and other important matters. Even if your divorce is more amicable, your lawyer can help with negotiations and procedural requirements, and they can review settlement agreements to ensure they align with your best interests.

Will My Divorce Go to Trial?

Many Texas divorces are settled out of court based on agreements between the spouses. You may be able to avoid a trial by negotiating an uncontested or agreed divorce. However, high-conflict divorce cases may need to be resolved through litigation. You should prepare for the possibility of going to court if you or your spouse has filed for divorce on fault-based grounds like adultery or cruelty or if you have unresolvable disagreements regarding child custody and the division of assets.

How Can I Protect My Property and Assets?

The Texas divorce process includes the division of community property, which encompasses most assets acquired by both spouses throughout the marriage. You can protect assets that you owned before your marriage or that you acquired as a gift or inheritance, as these are typically considered your separate property. A prenuptial or postnuptial agreement can also help you protect certain assets in the event of a divorce. For community property that is not addressed in a prenup or postnup, which may include businesses, real estate, and retirement savings, you will need to prepare to protect your assets through negotiation or litigation.

How Is Child Custody Handled in a Texas Divorce?

When parents have children who are under the age of 18, child custody and child support are some of the most important elements of the divorce process. Texas courts allow parents to establish a parenting agreement addressing possession and conservatorship responsibilities, provided that the agreement is in the child's best interests. In the absence of an agreement, the court will determine custody arrangements through litigation. Child support is typically determined using Texas's standard guidelines, which require the non-custodial parent to pay a percentage of their monthly income to the custodial parent.