Question 1

Do I file for divorce in Collin County or Denton County if I live in Frisco?

Accepted Answer

It depends on which side of the county line your Frisco home is located. The majority of Frisco falls within Collin County, so most Frisco residents file at the Collin County Courthouse in McKinney. If your address is in the Denton County portion of Frisco, you would file in Denton County. Lisa G. Garza handles cases in both courthouses.

Question 2

How long does a divorce take in Frisco?

Accepted Answer

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

Question 3

How much does a family law attorney in Frisco cost?

Accepted Answer

Attorney fees vary based on the complexity of the case. An uncontested divorce with no children and limited assets will cost significantly less than a contested case involving custody disputes and high-value property division. Lisa G. Garza provides a clear fee structure during the initial consultation so you understand costs upfront. Most family law attorneys in the Collin County area charge hourly rates and require an initial retainer.

Question 4

I just moved to Frisco from another state. Can I file for divorce here?

Accepted Answer

To file for divorce in Texas, at least one spouse must have been a Texas resident for six continuous months, and you must have lived in the county where you file for at least 90 days. If you recently relocated to Frisco for a corporate transfer, you may need to wait until you meet these residency requirements before filing.

Question 5

What is the difference between joint managing conservatorship and sole managing conservatorship?

Accepted Answer

Joint Managing Conservatorship means both parents share decision-making rights for the child, though one parent is typically designated as the primary conservator who determines the child's residence. Sole Managing Conservatorship gives one parent the exclusive right to make major decisions. Texas courts strongly prefer joint conservatorship unless there is evidence of family violence, abuse, neglect, or substance abuse.

Question 6

Will my child have to change schools during a Frisco divorce?

Accepted Answer

Not necessarily. Courts generally prefer maintaining stability for children, including keeping them in their current school when possible. If both parents remain in Frisco after the divorce, the child can typically continue attending their Frisco ISD school. If one parent relocates outside the district, the court order will determine primary residence and school enrollment based on the child's best interests.

Question 7

How is our Frisco home divided in a divorce?

Accepted Answer

The family home is community property if purchased during the marriage. It can be divided several ways: one spouse buys out the other's equity share, the home is sold and proceeds divided, or the custodial parent occupies the home until the youngest child reaches 18. Given Frisco's high home values, an accurate appraisal is essential. Lisa G. Garza works with appraisers who understand the Frisco real estate market.

Question 8

My spouse earns significantly more than I do. Am I entitled to spousal maintenance?

Accepted Answer

Texas spousal maintenance (alimony) is not automatic. You may qualify if the marriage lasted at least 10 years and you lack sufficient property or earning ability to provide for your minimum reasonable needs, or if there was family violence during the marriage. The court considers factors including each spouse's financial resources, education, employment skills, and contributions to the marriage including homemaking and child-rearing.

Question 9

How are stock options and RSUs divided in a Frisco divorce?

Accepted Answer

Stock options and RSUs earned during the marriage are community property. Those granted before the marriage or after separation may be separate property. Texas courts use time-rule formulas to apportion the community and separate portions of unvested awards. Given the prevalence of corporate compensation packages in Frisco, having an attorney experienced in dividing these assets is critical to protecting your financial interests.

Question 10

Can I modify a custody or support order after it is finalized?

Accepted Answer

Yes. Texas allows modification when there has been a material and substantial change in circumstances since the last order. For child support, modification is also available if it has been three years and the current order differs by 20% or $100 from what current guidelines would produce. Common reasons include job changes, relocation, changes in the child's needs, or remarriage.

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