Family Law FAQ for Wylie, Texas

It depends on which part of Wylie your home is in. Wylie straddles Collin, Dallas, and Rockwall counties. The majority of Wylie residents live within Collin County, where cases are filed at the Collin County Courthouse in McKinney. If your home falls within the Dallas County or Rockwall County portions of Wylie, your case would be filed in the corresponding county courthouse. Your attorney can verify your county designation using property records before filing.

Texas requires a mandatory 60-day waiting period after the divorce petition is filed. An uncontested divorce where both spouses agree on all terms can often be finalized shortly after that period expires. Contested divorces — where spouses disagree on property, custody, or support — typically take 6 to 18 months, depending on the complexity of the issues and the court's calendar in the applicable county.

School enrollment typically follows the address of the parent who has the right to designate the child's primary residence. If that parent remains within the Wylie ISD attendance zone, the children will continue attending Wylie ISD schools. Courts in Collin County commonly set geographic restrictions that allow the custodial parent to reside within Collin County or contiguous counties, which usually preserves the option to remain in Wylie ISD.

Joint Managing Conservatorship (JMC) means both parents share rights and duties regarding the child, though one parent is typically given the exclusive right to designate the child's primary residence. Sole Managing Conservatorship (SMC) grants one parent exclusive authority over major decisions and is usually ordered only when joint management would be harmful to the child, such as in cases involving family violence or substance abuse.

Texas child support is calculated as a percentage of the obligor's net monthly resources: 20% for one child, 25% for two children, 30% for three, and so on. Net resources include wages, salary, commissions, bonuses, and other income, minus Social Security taxes, federal income taxes, and health insurance premiums for the child. There is a net resource cap (currently $11,700 per month) above which the court may consider the child's actual needs.

Yes. Texas allows modification of custody and support orders when there has been a material and substantial change in circumstances since the last order. For child support, modification is also available if the existing order has been in place for three or more years and the guidelines would produce a difference of at least 20% or $100 per month. Modification petitions are filed in the court that has continuing jurisdiction over the case.

Texas is a community property state, meaning assets acquired during the marriage belong to both spouses. The court divides community property in a "just and right" manner, which may not be an exact 50/50 split. Factors like earning capacity, fault in the marriage's breakup, custody of children, and each spouse's health and age can influence the division. Separate property — assets owned before marriage, inherited, or received as gifts — generally stays with the owning spouse.

If the lake property was purchased during the marriage with community funds, it is community property subject to division. Lakefront and lake-access properties near Lake Lavon require specialized appraisal because their market values can differ significantly from standard residential properties. Lynda works with appraisers experienced in the Lake Lavon market to ensure accurate valuation. The property may be sold with proceeds divided, or one spouse may buy out the other's interest.

Lynda Landers' office at 1207 W. University Dr., Suite 102, McKinney, TX 75069 is approximately 20 minutes from central Wylie. The most direct route follows SH-78 north from Wylie into McKinney. The Collin County Courthouse, where most Wylie family law cases in the Collin County portion are heard, is located in downtown McKinney near the office.

While Texas does not require an attorney for an uncontested divorce, having legal representation is strongly recommended. Even in agreed divorces, the decree must properly address property division, any debts, and if children are involved, custody and support arrangements. Errors or omissions in the decree can be expensive to fix later. An attorney ensures the agreement protects your rights and is enforceable in the applicable county court.