Family Law Questions for Melissa Residents

Melissa is located in Collin County, so all divorce cases are filed in the Collin County district courts in McKinney, Texas. This applies to all family law matters — custody, child support, property division — regardless of where you live within the county. Lynda Landers's McKinney office is near the courthouse and approximately 10 minutes from Melissa via US-75.

Texas requires a 60-day minimum waiting period from the date the petition is filed. Uncontested divorces — where both spouses agree on all terms — can finalize shortly after that window closes. Contested cases involving disputes over property, custody, or support typically take 6 to 18 months, depending on the complexity and the Collin County court docket. More complex property issues, such as valuing a recently built home in Melissa, can add time to the process.

Collin County courts decide custody — called "conservatorship" in Texas — based on the best interest of the child. Key factors include each parent's ability to provide a stable home, the child's physical and emotional needs, each parent's willingness to support the child's relationship with the other parent, and the child's ties to their school and community. For children enrolled in Melissa ISD, the court considers the importance of maintaining that continuity.

The Texas Standard Possession Order (SPO) is the default schedule when parents cannot agree on their own. It generally gives the non-primary parent the 1st, 3rd, and 5th weekends of each month, Thursday evenings during the school year, alternating holidays, and 30 days during the summer. The SPO can be adjusted for distance, work schedules, and the child's age. Parents are free to agree on a custom schedule that better fits their family's needs.

Texas calculates child support as 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. A statutory cap applies and is periodically adjusted. The calculation starts with gross income and subtracts specific allowable deductions. Courts may deviate from the guidelines when circumstances warrant it — for example, when a child has significant medical needs or when the obligor's income is above the cap.

Yes. Texas courts can modify custody or support orders when there has been a material and substantial change in circumstances since the order was signed. Common triggers include a significant income change, a parent's relocation away from Melissa, or a substantial change in the child's needs. Child support can also be reviewed if three years have passed and the current order differs by 20% or $100 from what current guidelines would produce. A child who is 12 or older may also express a preference to the court regarding custody.

A home purchased during the marriage with community funds is community property, and the equity is subject to division. The court's options include ordering the home sold and dividing the proceeds, or allowing one spouse to buy out the other's share. Proper valuation is critical — in Melissa's growing housing market, homes may have appreciated significantly since purchase. If separate funds were used for the down payment, tracing those funds to establish a separate property claim may also be necessary.

Community property is everything acquired during the marriage — wages, real estate, retirement contributions, and debts. Separate property is what each spouse owned before marriage, plus gifts and inheritances received during the marriage. Texas law presumes all property is community property. The spouse claiming separate property has the burden of proving it through documentation and, in some cases, financial tracing.

Texas law does not require an attorney for an uncontested divorce, but proceeding without one carries real risk. Even when both spouses agree on everything, a divorce decree is a permanent legal document with lasting consequences for property rights, retirement accounts, and — when children are involved — custody and support. Errors in agreed decrees are difficult and expensive to correct afterward. Having an attorney review or draft the decree is almost always a worthwhile investment.

Lynda Landers's office is located at 1207 W. University Dr., Suite 102, McKinney, TX 75069 — approximately 10 minutes south of Melissa via US-75. The office is near the Collin County courthouse where all Melissa family law cases are heard. For detailed directions, visit the contact page.