Frequently Asked Questions

Allen is located in Collin County, so all divorce cases are filed in the Collin County District Courts in McKinney. At least one spouse must have been a Texas resident for six months and a Collin County resident for 90 days before filing. Lynda Landers' office is located in McKinney near the courthouse, providing convenient access for Allen residents.

Texas law requires a minimum 60-day waiting period from the date a divorce petition is filed before the divorce can be finalized. An uncontested divorce where both parties agree on all terms may be completed shortly after the waiting period. Contested divorces involving disputes over custody, property division, or support can take six months to over a year, depending on the complexity of the issues.

Texas courts determine custody (conservatorship) based on the best interest of the child. Factors include each parent's ability to meet the child's physical and emotional needs, the child's existing relationships, the stability of each parent's home, and the child's ties to their school and community. For Allen families, maintaining enrollment in Allen ISD and participation in community activities are often important considerations.

The Standard Possession Order (SPO) is the default visitation schedule in Texas for the non-primary parent. It provides for possession on the first, third, and fifth weekends, Thursday evenings during the school year, alternating holidays, and 30 days of summer possession. For Allen parents, the SPO is structured around the Allen ISD school calendar, and parents may elect an expanded schedule for additional time.

Texas child support follows statutory guidelines based on a percentage of the obligor's net monthly resources: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more. Net resources include salary, bonuses, commissions, investment income, and other earnings, minus specified deductions. Courts may order above-guideline support when the obligor earns above the statutory cap and the child's needs warrant additional support.

Yes. Custody orders can be modified if there has been a material and substantial change in circumstances affecting the child, a conservator, or another party. Child support orders can be modified if circumstances have materially and substantially changed or if the order has been in place for three or more years and the current guideline amount differs by at least 20% or $100 from the existing order. Modifications are filed in Collin County courts.

Texas is a community property state, meaning assets and debts acquired during the marriage are generally considered community property to be divided in a "just and right" manner. This includes Allen home equity, retirement accounts, investments, and other marital assets. Separate property — assets owned before marriage, gifts, and inheritances — remains with the owning spouse if properly traced and proven.

The family home is typically the largest asset in an Allen divorce. Options include selling the home and dividing the proceeds, awarding the home to one spouse with an offsetting distribution of other assets, or deferring the sale until a specific event such as the youngest child graduating from Allen High School. A professional appraisal establishes the home's current market value for settlement negotiations.

While Texas law does not require you to have an attorney for a divorce, hiring an experienced family law attorney is strongly recommended, especially when children, significant assets, or contested issues are involved. An attorney ensures your rights are protected, deadlines are met, and your interests are properly represented in Collin County courts. Lynda Landers has practiced Texas family law exclusively for 29 years.

Lynda Landers' office is located at 1207 W. University Dr., Suite 102, McKinney, TX 75069, approximately 10 minutes north of Allen via US-75. The office is conveniently situated near the Collin County courthouse where Allen family law cases are heard. To schedule a consultation, call (972) 529-5707 or schedule online.