Question 1

Where do Plano residents file for divorce?

Accepted Answer

Plano is located in Collin County, so divorce cases are filed in the Collin County district courts in McKinney, Texas — the county seat. This is true regardless of where within Plano you live. Lisa G. Garza'ss office is in McKinney, about 20 minutes north of central Plano via US-75, close to the courthouse.

Question 2

How are stock options and RSUs divided in a Plano divorce?

Accepted Answer

Stock options and RSUs granted during the marriage are generally community property subject to division. However, the characterization depends on whether they were compensation for past services or incentive for future performance. Unvested options raise additional complexity because their value is uncertain. Courts may divide them at vesting using an 'if, as, and when' approach or through a present-value offset at the time of divorce. Given the number of major corporate employers in Plano, these assets are a frequent issue in local divorces.

Question 3

What happens if my employer relocates me out of state during a custody case?

Accepted Answer

Texas law requires a parent who plans to relocate with a child to provide notice to the other parent and, in most cases, to the court. If the relocation would materially affect the other parent's access to the child, the court can modify the conservatorship order. In Plano, where corporate relocations are common, custody orders can be drafted to include provisions that address the possibility of a future move, including geographic restrictions on the child's primary residence.

Question 4

How is child support calculated when income exceeds the Texas cap?

Accepted Answer

Texas applies guideline percentages (20% for one child (Texas Family Code § 154.125), 25% for two, etc.) to net monthly resources up to a statutory cap. When a parent's income exceeds that cap — which is common in Plano — the court applies the guidelines to the capped amount and then has discretion to order additional support above guidelines if the child's proven needs justify it. The court considers the child's standard of living, educational needs, healthcare, and extracurricular activities.

Question 5

Will my Plano home be sold in the divorce?

Accepted Answer

Not necessarily. The court has several options: one spouse may be awarded the home and offset the other's equity share with other assets, the home can be ordered sold with proceeds divided, or in some cases the home is retained for a period (often until the youngest child graduates) before being sold. The decision depends on factors including available equity, whether either spouse can refinance independently, and the overall property division picture.

Question 6

How long does a divorce take for Plano residents?

Accepted Answer

Texas imposes a mandatory 60-day waiting period (Texas Family Code § 6.702) from the date the petition is filed. Uncontested divorces where both parties agree on all terms can be finalized shortly after that window. Contested cases in Collin County typically take 6 to 18 months, though complex high-asset divorces involving executive compensation, business valuations, or contested custody can take longer depending on the issues and the court's docket.

Question 7

How does Plano ISD affect custody arrangements?

Accepted Answer

Plano ISD school attendance zones are tied to residential address, so the parent who holds the exclusive right to designate the child's primary residence effectively controls which Plano ISD school the child attends. Courts consider school stability when making custody decisions, and many Plano families chose their neighborhood specifically for the school zone. Lisa works to ensure custody arrangements preserve educational continuity for children whenever possible.

Question 8

Can deferred compensation be divided in a Texas divorce?

Accepted Answer

Yes. Deferred compensation earned during the marriage is community property. However, non-qualified deferred compensation plans present unique challenges because they are not governed by ERISA and cannot be divided with a standard QDRO. Division typically requires careful drafting of the divorce decree and may involve a constructive trust or assignment of rights. Given the prevalence of executive deferred compensation plans among Plano professionals, this is an issue Lisa encounters regularly.

Question 9

What is the difference between joint and sole managing conservatorship?

Accepted Answer

Joint Managing Conservatorship (JMC) means both parents share rights and duties regarding the child, though one parent usually has the exclusive right to designate the child's primary residence. Sole Managing Conservatorship (SMC) gives one parent primary decision-making authority and is typically ordered only when joint management would not be in the child's best interest — for example, in cases involving family violence, substance abuse, or a demonstrably unfit parent.

Question 10

Do I need a family law attorney if my spouse and I agree on everything?

Accepted Answer

Even in a fully agreed case, having an attorney review your divorce decree is strongly advisable. The decree is a permanent court order that governs property rights, retirement account division, custody, and child support for years to come. In Plano cases involving executive compensation, stock packages, and substantial property, seemingly minor drafting errors can cost thousands of dollars or create enforcement problems later. An attorney's review provides assurance that the agreement is complete, accurate, and legally enforceable.

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