Frisco Divorce Lawyers: Collin and Denton County

Collin or Denton? Check Before You File

Frisco lies in both Collin and Denton counties, and the line runs through neighborhoods people think of as one community. Collin County cases go to 2100 Bloomdale Road in McKinney. Denton County cases go to the Courts Building at 1450 East McKinney Street in Denton. Each county has its own standing order, so the rules that apply from the start depend on the side of the line you live on. See filing in Collin County and filing in Denton County.

New to Frisco? Count Your Days

Texas Family Code § 6.301 requires one spouse to have lived in Texas for the preceding six months and in the county of filing for the preceding 90 days. In a city full of recent arrivals, that matters. A family that relocated for a job a couple of months ago may not be able to file in its new county yet. If one spouse stayed behind in the old county, that county may still be available.

If you are close to the line, count from the actual move date and keep a lease, closing statement or utility bill that shows it.

Very Young Children

Frisco has plenty of families with toddlers, and Texas handles possession differently for them. For a child under three, Texas Family Code § 153.254 tells the court to weigh factors such as who has been providing care, how separation affects the child, each parent's availability, the distance between homes, and whether a gradual schedule is needed. The court also issues a future order that takes effect on the third birthday and is presumed to be the standard possession order.

So a schedule for a baby is really two schedules: what happens now and what happens later. Negotiate both.

New Homes and Two Incomes

Newer purchases often come with a short ownership history and a large mortgage. Before fighting over the house, get a real figure for current equity after selling costs. Texas presumes property on hand at divorce is community property (§ 3.003), and a spouse claiming separate property, such as a down payment from an inheritance or from before the marriage, has to prove it. Trace that money now, while the records are easy to find.

Lisa G. Garza is Board Certified in Family Law by the Texas Board of Legal Specialization. The firm's McKinney office is by appointment, and its Dallas office is on the Dallas Parkway.

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