Divorce is one of the most consequential decisions a person will make, and no two cases are alike. Attorney Lynda Landers brings 29 years of Texas family law experience to your situation — providing steady, honest guidance from the first conversation to the final decree.
Understanding the basics helps you make better decisions throughout the process.
Texas allows both no-fault and fault-based divorce. Most cases proceed on a no-fault basis — specifically on the ground of "insupportability," which is the legal term for irreconcilable differences. You do not need to prove that your spouse did anything wrong to get a divorce in Texas. Fault-based grounds — including cruelty, adultery, abandonment, or a felony conviction — are also available and can matter: a court may consider fault when dividing property, potentially awarding a disproportionate share to the spouse who was wronged.
Texas is a community property state. In practical terms, this means that most assets and debts acquired during the marriage belong to both spouses equally. Texas courts divide community property in a manner that is "just and right," which typically starts close to an equal split — but the court has significant discretion to depart from equal division based on factors like fault, each spouse's separate estate, earning capacity, and the needs of any children. Knowing what is community property and what is separate property is often the central question in a contested Texas divorce.
Every Texas divorce is subject to a mandatory 60-day waiting period (Texas Family Code § 6.702) from the date the petition is filed — even if both spouses agree on everything from the start. Uncontested cases where both parties cooperate often resolve in two to four months. Contested cases vary widely, but six months to two years is a realistic range depending on the complexity of the issues and the court's docket.
Every divorce is different. Below are the most common situations Lynda's clients bring to her practice in Collin County.
When spouses cannot agree on how to divide property, establish custody arrangements, or set child support, the case is contested. Lynda prepares clients for every stage — temporary orders, discovery, mediation, and if necessary, trial before a district court judge.
When spouses agree on all major terms, the process is faster and significantly less costly. Lynda ensures the agreement is comprehensive, protects your legal rights, and is properly drafted so there are no disputes or ambiguities once the decree is signed.
When minor children are involved, the divorce must also establish conservatorship (what Texas law calls custody), a possession schedule, and child support. These decisions deserve careful attention — the orders entered now will govern your family's life for years to come.
When significant assets are at stake — business interests, real estate portfolios, executive compensation, retirement accounts, or investments — proper characterization and valuation of property becomes critical. Lynda works alongside financial professionals to protect your interests throughout the process.
From the initial filing to a signed final decree — here is what the path typically looks like.
One spouse (the petitioner) files an Original Petition for Divorce in the appropriate Collin County district court. The other spouse (the respondent) is then formally served with the petition and a citation, triggering their deadline to respond. Filing establishes the court's jurisdiction and starts the 60-day waiting period.
In many cases — particularly when children or shared finances are involved — the court enters temporary orders shortly after filing. These establish the ground rules while the case is pending: who remains in the marital home, how bills and debt payments are handled, and what the temporary custody and child support arrangement will be. Temporary orders are not final, but they set an important precedent.
Both sides exchange information about income, assets, debts, and other relevant facts. Discovery can be informal — voluntary exchange of documents and financial statements — or formal, including written interrogatories, requests for production, depositions, and subpoenas directed at third parties such as banks or employers. Discovery is where the true picture of the marital estate emerges.
Texas courts require most divorcing couples to attempt mediation before proceeding to trial. In mediation, a trained neutral mediator helps both sides work toward a settlement. The majority of Texas divorces resolve at or before mediation — often producing outcomes that are more practical and less adversarial than what a judge would order after trial. If mediation succeeds, the mediated settlement agreement is signed and becomes the basis for the final decree.
Once all issues are resolved — either by settlement or by the court's ruling after trial — the judge signs the Final Decree of Divorce. The decree legally ends the marriage and controls all the terms: property division, debt allocation, conservatorship, possession schedule, and child support. Once signed by the judge, the decree is a binding court order.
Community property is everything acquired by either spouse during the marriage — wages, real estate purchased together, retirement contributions made while married, and debts incurred. Both spouses own community property equally under Texas law.
Separate property is what each spouse owned before the marriage, plus gifts and inheritances received during the marriage. Separate property belongs to the individual spouse alone and is not subject to division — but the burden is on the spouse claiming it to prove it is separate through documentation and tracing.
Texas courts presume that all property in a marriage is community property. From that starting point, the court divides community property in a manner that is "just and right" — a legal standard that typically begins near equal but gives the judge significant discretion to deviate based on fault, each spouse's separate estate, earning capacity, health, and other relevant factors. A 50/50 split is common in straightforward cases, but it is not guaranteed.
Divorce cases involving Collin County residents are filed in the Collin County district courts in McKinney. Lynda Landers has practiced in these courts for more than two decades and knows the local procedures, the expectations of the bench, and how to move cases efficiently through the system.
Lynda represents clients from McKinney, Frisco, Plano, Allen, Prosper, Celina, and throughout North Texas. If you are in the area and facing divorce, a consultation at the McKinney office is the right first step.
For community-specific information, visit the resource pages for Frisco families and Plano families. These pages address issues common to each community and link directly to Lynda's firm, Landers Family Law.
Most divorces in Collin County touch at least one of these areas. Lynda handles all of them.
A conversation with Lynda Landers brings clarity to your situation. No pressure — just honest, experienced guidance about where you stand and what the path forward looks like.
Schedule a Consultation or call (972) 529-5707