Family Law Questions, Answered

Texas law requires a 60-day minimum waiting period after the divorce petition is filed before a court can enter a final decree. Uncontested divorces — where both parties agree on all issues — can often be finalized shortly after that window closes. Contested cases, where spouses disagree on property, custody, or support, commonly take 6 to 18 months and can run longer depending on the complexity of the issues involved.

No. Texas recognizes no-fault divorce on the ground of "insupportability" — meaning the marriage has become insupportable due to discord or conflict of personalities with no reasonable expectation of reconciliation. Fault-based grounds such as adultery, cruelty, or abandonment also exist in Texas law, but alleging fault rarely changes the outcome significantly and typically adds cost and conflict to the process.

Conservatorship is the legal term Texas uses for what most people call "custody." Joint Managing Conservatorship (JMC) means both parents share rights and duties regarding the child, though one parent typically holds the exclusive right to designate the child's primary residence. Sole Managing Conservatorship (SMC) grants one parent exclusive authority over key decisions — typically ordered when joint decision-making would be detrimental to the child's well-being.

The Texas Standard Possession Order (SPO) generally gives the non-primary parent possession on the 1st, 3rd, and 5th weekends of each month, Thursday evenings during the school year, alternating holidays, and 30 days during the summer. Courts can modify the SPO to fit a family's specific needs — the child's age, parents' schedules, and geographic distance all matter. Parents may also agree to their own arrangement as long as it serves the child's best interests.

Texas calculates child support as a percentage of the paying parent's net monthly resources: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more children. A statutory cap applies to the net resources figure and is periodically adjusted — confirm the current cap with your attorney. The calculation begins with gross income and subtracts specific allowable deductions, including taxes and health insurance premiums. Getting the numbers right makes a meaningful difference over time.

Yes. Texas courts may modify child support or custody orders when there has been a material and substantial change in circumstances since the order was entered. For custody modifications, a child who is at least 12 years old can also express a preference to the court. Common triggers include a significant income change for either parent, a planned relocation, or a meaningful shift in the child's needs or schedule.

Texas is a community property state, which means property acquired by either spouse during the marriage is generally presumed to be community property — owned jointly by both. At divorce, community property is divided in a way the court finds "just and right," which is not automatically a 50/50 split but takes into account the specific circumstances of the marriage and the parties. Separate property — owned before the marriage, or received during the marriage as a gift or inheritance — is generally not subject to division.

Texas law does not require an attorney for an uncontested divorce, but proceeding without one carries real risk. Even when both spouses fully agree, a divorce decree is a permanent legal document with lasting consequences — for property rights, retirement accounts, beneficiary designations, and, when children are involved, custody and support arrangements. Errors and omissions in agreed decrees are difficult and expensive to correct after the fact. An attorney's review is almost always worth the investment.

Texas law allows grandparents to petition for court-ordered visitation or, in limited circumstances, conservatorship. Standing requirements are specific: generally, a grandparent must demonstrate that denial of access would significantly impair the child's physical health or emotional well-being, or meet other statutory criteria. These cases turn heavily on their specific facts. A consultation with an attorney before proceeding is strongly advisable.

Parental alienation refers to a pattern of behavior by one parent that damages or undermines a child's relationship with the other parent — through criticism, interference with communication, or manipulation. Texas courts focus on the child's best interests, which generally includes preserving the child's meaningful relationship with both parents. Available remedies include enforcement of existing orders, modification of custody arrangements, required counseling or therapy, and other court-ordered protections. Early, well-documented legal action tends to produce better outcomes.

The Texas adoption process generally involves: filing an adoption petition, completing a home study, obtaining consent from the biological parent(s) or a court order terminating parental rights, attending a finalization hearing before a judge, and receiving a new birth certificate reflecting the adoption. Stepparent adoption is the most common type and is often more streamlined when the non-custodial parent voluntarily relinquishes rights. Each adoption situation has its own specific requirements — an attorney can walk you through what to expect for your circumstances.

Family law cases for Collin County residents are heard in the Collin County district courts, located in McKinney, Texas — the county seat. This applies regardless of which city within Collin County you live in, whether McKinney, Frisco, Plano, Allen, Prosper, Celina, Anna, Melissa, Princeton, or Wylie. Lynda Landers's office is in McKinney, close to the Collin County courthouse at 2100 Bloomdale Road in McKinney.