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Are you searching for clear, up-to-date answers about Texas Family Law? At Heiman Law Firm, we help families in Collin County, Denton County, Plano, Frisco, McKinney, Lewisville, Flower Mound, Highland Village, The Colony, Savannah, Prosper, and surrounding communities navigate divorce, child custody, child support, and other areas. Below are the most frequently asked Texas Family Law questions that we have received in 2025
Divorce in Texas: What Local Families Need to Know
How long does a divorce take in Texas?
Texas law requires a minimum 60-day waiting period after filing for divorce. In Collin County and Denton County, uncontested divorces may be finalized relatively quickly 2-3 months) but contested divorces involving property or custody can take considerably longer.
Is Texas a “no-fault” divorce state?
Yes. Most divorces in Texas—including in Plano, The Colony, Frisco, Lewisville, Flower Mound, Highland Village, and McKinney, Prosper, and Savannah —are filed as “no-fault” cases, based on in supportability (irreconcilable differences). However, proving “fault” (like adultery or cruelty) can impact property division and sometimes spousal maintenance.
Child Custody and Visitation in North Texas
How do Texas courts decide child custody?
Texas courts, including those in Collin County and Denton County, focus on the best interests of the child. Judges consider each parent’s involvement, the child’s needs, stability, and (sometimes) the child’s wishes (if age-appropriate, and if the child wishes to express those wishes).
What is a Standard Possession Order (SPO)?
A Standard Possession Order outlines when each parent has the right to child possession. It is the presumed amount of minimum child possession for the non-custodial parent. Recent Texas law updates offer expanded time for non-custodial parents. Importantly, our courts will usually approve custom schedules if both parents agree. Additionally, the parents can always agree to not follow the possession schedule.
Can custody orders be changed?
Yes. Child custody orders can be modified if there’s a significant change in circumstances, such as relocation, job changes, or concerns about the child’s well-being. The focus is always on the best interest of the child, considering the relevant evidence presented in court (or, as agreed by the parents outside of court).
Child Support in Texas: Key Local Questions
How is child support calculated in Texas?
Most of the time, Texas courts calculate child support based on the paying parent’s net resources (which usually varies from “net income”) and the number of children, counting those before the court, and any other minor children of the paying parent. The Texas Family Code provides guidelines, but Collin and Denton County judges may adjust for factors such a child’s special needs, a variance from Standard Possession of the child, and a parent’s high income.
Can child support orders be modified?
Yes. Either parent can request a child support modification if there’s a substantial change in income, or the child’s needs. Additionally, they can be changed based on how long the current order has been in place, and its variation from the Guideline Child Support Amount.
What happens if child support isn’t paid?
Failure to pay child support in Texas can lead to wage garnishment, driver’s license suspension, fines, or jail time. If you’re struggling to pay, consult a local Family Law attorney to discuss your options.
Mediation and the Court Process in Collin & Denton Counties
Is mediation required in Texas Family Law cases?
In most North Texas courts—including Collin County and Denton District Courts—mediation is required before trial in most divorce and child custody cases. Some courts will allow for mediation to be passed if the amount of court time is limited, or as indicated below. Mediation helps families reach agreements outside of court, saving time and money.
What if there’s family violence?
If there’s a history of family violence, you can request to be excused from mediation. Our local courts take these concerns seriously and may usually waive mediation to protect your safety.
Property Division in Texas Divorce
How is property divided in a Texas divorce?
Texas is a Community Property State. Most assets and debts acquired during marriage are divided equitably, but not always equally. Separate Property (owned before marriage or received as a gift/inheritance) is owned by the original owner. Texas property law can be complicated, depending on the facts Issues such as: Equitable Reimbursement, the commingling of assets (such as what often happens with retirement accounts, stock options, and the mutation of assets. It is wise to consult with a Texas Family Lawyer with considerable experience handling these issues.
What if my spouse is hiding assets?
You have the right to request full financial disclosure. Texas courts can penalize spouses who hide or misrepresent assets. A skilled Denton or Collin County divorceattorney can attempt to identify, and perhaps, recover, missing or unaccounted for assets.
Grandparent Rights and Other Family Law Issues
Do grandparents have rights in Texas?
Grandparents in Texas may request visitation or custody in certain cases, such as when it’s in the child’s best interest and a parent is absent or unfit. These cases are complex—consult an experienced Family Law attorney.
Do I need a lawyer for my Texas Family Law case?
While you can represent yourself, Family Law is complicated, and the stakes are high. An experienced Texas Family Law attorney can protect your rights and guide you through the process.
Quick Reference Table for North Texas Families
Topic | Key Takeaway |
Divorce Waiting Period | Minimum 60 days, often longer if contested |
Custody Decisions | Based on child’s best interests |
Child Support | Calculated on net income, modifiable if needed |
Mediation | Usually required before trial |
Property Division | Community property split, separate property protected |
Grandparent Rights | Possible in limited, specific situations |
Why Choose Heiman Law Firm for Your Family Law Needs?
- Local Experience: Decades of experience in Collin, and Denton County courts.
- Personalized Service: Each case receives individualized attention.
- Proven Results: We help families achieve fair outcomes in divorce, custody, support, and more.
Contact Heiman Law Firm Today
If you have questions about divorce, child custody, child support, property division, or mediation in Texas, contact Heiman Law Firm today. Our office serves Plano, Frisco, Lewisville, Flower Mound, Highland Village, The Colony, Prosper, Savannah, and surrounding areas. Schedule a consultation with a trusted Texas Family Law attorney and get the answers you need for your family’s future.
This FAQ is provided for informational purposes and does not constitute legal advice. For guidance on your specific situation, contact a qualified Texas Family Law attorney.