Question 1

Where are Prosper divorce cases filed?

Accepted Answer

Most Prosper residents file divorce cases in Collin County District Court in McKinney, Texas. Some Prosper addresses fall in Denton County, in which case the petition would be filed in Denton. Our office is located in McKinney, just minutes from the Collin County courthouse, and we handle cases in both jurisdictions.

Question 2

How long does a divorce take in Texas?

Accepted Answer

Texas has a mandatory 60-day waiting period after the divorce petition is filed. An uncontested divorce can be finalized shortly after that period ends. Contested divorces involving disputes over property division, custody, or support can take six months to a year or more, depending on the complexity of the issues and the court's docket.

Question 3

Can my children stay enrolled in Prosper ISD after a divorce?

Accepted Answer

Yes, if the custody order includes a geographic restriction that keeps the primary parent's residence within the Prosper ISD boundaries, your children can remain enrolled in their current schools. We advocate for geographic restrictions that preserve your children's school stability when it serves their best interests.

Question 4

How is our Prosper home divided in a divorce?

Accepted Answer

Your home is typically the largest community asset. Options include one spouse buying out the other's equity, selling the home and splitting the proceeds, or awarding the home to one spouse while offsetting the value with other assets. Given Prosper's high property values and rapid appreciation, professional appraisals are essential to ensure accurate valuation.

Question 5

What are the Texas child support guidelines?

Accepted Answer

Texas calculates child support as a percentage of the obligor's net resources: 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five, and at least 40% for six or more. There is a cap on net resources subject to the guideline percentages. For above-cap earners, which is common in Prosper, the court may order additional support based on the children's proven needs.

Question 6

What is the difference between joint and sole managing conservatorship?

Accepted Answer

Joint Managing Conservatorship (JMC) means both parents share decision-making rights regarding the children's education, medical care, and other significant matters. This is the most common arrangement in Collin County. Sole Managing Conservatorship (SMC) gives one parent expanded authority and is typically reserved for cases involving family violence, substance abuse, or neglect.

Question 7

How are builder upgrades and new construction valued in a property division?

Accepted Answer

Builder upgrades — premium finishes, pool installations, outdoor kitchens, and other customizations common in Prosper's master-planned communities — add to a home's value but require expert analysis to quantify. We work with appraisers who understand the Prosper market to ensure upgrades and appreciation are accurately reflected in the property valuation.

Question 8

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

Accepted Answer

Yes. Texas allows modification of custody and child support orders when there has been a material and substantial change in circumstances — such as a job change, relocation, remarriage, or a change in the children's needs. For child support, modification is also available after three years if the current order differs from guidelines by 20% or $100.

Question 9

How far is your office from Prosper?

Accepted Answer

Our office at 205 West Louisiana St., Suite 103 in McKinney is approximately 20 minutes from Prosper. The most direct routes are south on the Dallas North Tollway to US-380 East, or south on Preston Road to University Drive. We are conveniently close to the Collin County courthouse where most Prosper cases are heard.

Question 10

Do I need a family law specialist for my Prosper case?

Accepted Answer

While not legally required, working with an attorney who focuses exclusively on family law provides significant advantages — especially in a community like Prosper where high property values, complex compensation structures, and above-guideline incomes are common. Lisa G. Garza has practiced family law for more than 30 years and brings that concentrated experience to every case.

Contact Our Office

Law Offices of Lisa G. Garza, P.C.

Lisa G. Garza, Attorney at Law

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Collin County Courthouse

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