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McKinney Divorce Lawyers

Texas

By Antonio G. Jimenez, Esq., Florida Bar No. 21022 | Covering Texas divorce lawLast updated June 17, 20267 min read

Local divorce attorney serving McKinney

Goranson Bain Ausley

A McKinney divorce lawyer files your case at the Collin County District Clerk's office, 2100 Bloomdale Road, Suite 12132, McKinney, TX 75071. As of January 2026, the filing fee is $350, Texas requires a 60-day waiting period, and you must live in Collin County for 90 days before filing.

CountyCollin County
Filing fee$350 (effective January 1, 2026), plus ~$75 service of process
Filing courtCollin County District Court (Russell A. Steindam Courts Building)
Court address2100 Bloomdale Road, Suite 12132, McKinney, TX 75071
Property divisionCommunity property — just and right division (Tex. Fam. Code § 7.001)
Waiting period60 days from filing date (Tex. Fam. Code § 6.702)
Residency requirement6 months in Texas + 90 days in Collin County (Tex. Fam. Code § 6.301)

Divorce in McKinney runs through the Collin County district courts at the Russell A. Steindam Courts Building, 2100 Bloomdale Road, McKinney, TX 75071, just north of US-380 and east of US-75. Family courts sit on the 3rd and 4th floors. You file your Original Petition for Divorce with the District Clerk in Suite 12132, pay the $350 filing fee (effective January 1, 2026), and the 60-day clock under Texas Family Code § 6.702 begins on the file-stamp date. Most McKinney residents whose cases are uncontested finish in about 61 to 90 days; contested cases stretch six months to a year or more.

Key Facts: Filing for Divorce in McKinney

ItemDetail
CountyCollin County
Filing courtCollin County District Court (Russell A. Steindam Courts Building)
Court address2100 Bloomdale Road, Suite 12132, McKinney, TX 75071
Filing fee (2026)$350 (plus ~$75 service of process)
Residency requirement6 months in Texas + 90 days in Collin County
Waiting period60 days from filing date
Property modelCommunity property (just and right division)

How do I file for divorce in McKinney, Texas?

To file for divorce in McKinney, submit an Original Petition for Divorce to the Collin County District Clerk and pay the $350 fee (2026). E-filing through eFileTexas.gov is mandatory for attorneys and recommended for self-represented filers. After filing, you serve your spouse, wait at least 60 days, and attend a prove-up hearing or finalize by agreement.

The practical steps for McKinney residents are straightforward but order-sensitive:

  1. Confirm residency: either spouse must have lived in Texas six months and Collin County 90 days under Texas Family Code § 6.301.
  2. File the Original Petition for Divorce with the District Clerk at 2100 Bloomdale Road, Suite 12132.
  3. Pay the $350 filing fee, or submit a Statement of Inability to Afford Payment of Court Costs if you cannot pay.
  4. Serve your spouse through a Collin County constable ($75) or obtain a signed Waiver of Service.
  5. Wait the mandatory 60 days, then finalize at a prove-up hearing for uncontested cases.

Collin County assigns divorce cases across 14 district courts, so confirm your assigned court number before any hearing. The District Clerk's main line is (972) 548-4320.

Where do I file for divorce in McKinney? (which courthouse)

McKinney residents file at the Collin County District Clerk's office inside the Russell A. Steindam Courts Building, 2100 Bloomdale Road, Suite 12132, McKinney, TX 75071. The building is open Monday through Friday, 8:00 a.m. to 4:30 p.m. Texas divorces are handled by district courts, not the County Clerk, so all decrees are filed and stored here.

The Steindam Courts Building anchors the county government campus near the intersection of Bloomdale Road and Community Avenue, a short drive from downtown McKinney and Historic Downtown McKinney Square. Whether you live near Stonebridge Ranch, Adriatica Village, Craig Ranch, or central McKinney, this is the single courthouse that serves the entire city. The District Clerk stores all civil and family case files, including signed final decrees, and the fax line is (972) 548-4697.

Because Collin County operates 14 judicial district courts plus a magistrate court, your case is randomly assigned a court and judge at filing. You can verify your assigned court, download forms, and view the full fee schedule on the county website before any in-person visit.

How much does a divorce lawyer cost in McKinney?

A McKinney divorce lawyer typically charges $250 to $450 per hour, with most retainers running $2,500 to $5,000 for contested cases. Uncontested or flat-fee divorces in Collin County often range from $1,500 to $3,500 in attorney fees, on top of the $350 court filing fee and roughly $75 for service of process.

Your total cost depends heavily on whether the case is contested. A genuinely uncontested McKinney divorce with a signed agreement and no children can finish for a few thousand dollars all-in. Add custody disputes, business valuations, or a contested community property division under Texas Family Code § 7.001, and fees can climb past $15,000 to $30,000 when cases go to trial.

Cost-control levers that matter in Collin County:

  • Mediation is required in most contested Collin County family cases before trial and resolves many disputes for $1,000 to $2,500 split between spouses.
  • A Waiver of Service signed by your spouse avoids the $75 constable fee.
  • Filing a Statement of Inability to Afford Payment of Court Costs can waive the $350 fee for qualifying low-income filers.

Use our divorce cost estimator to model attorney fees, filing costs, and mediation for a Collin County case before you hire anyone.

How long does a divorce take in McKinney?

The fastest a McKinney divorce can finalize is 61 days, because Texas Family Code § 6.702 bars any court from granting a divorce before the 60th day after filing. Uncontested Collin County cases typically wrap in 61 to 90 days. Contested cases involving custody, property disputes, or a crowded district court docket commonly run six months to over a year.

The 60-day clock starts on the District Clerk's file-stamp date, not the date your spouse is served. The only statutory exception is family violence: under § 6.702(c), a court may grant a divorce sooner when the respondent has a family-violence conviction or there is an active protective order against the respondent. Annulments are also exempt from the waiting period.

Real-world timing in McKinney depends on three factors: whether both spouses sign the decree, how quickly mediation is scheduled, and the assigned district court's backlog among the county's 14 courts. Agreement is the single biggest accelerator.

What are the residency requirements to file in Collin County?

To file for divorce in Collin County, Texas Family Code § 6.301 requires that either spouse has been a Texas domiciliary for the preceding six months and a resident of Collin County for the preceding 90 days. Either the petitioner or the respondent can satisfy both requirements, so a recently relocated spouse can still file if the other qualifies.

The six-month state requirement establishes domicile, meaning you moved to Texas intending to remain indefinitely. The 90-day county requirement fixes venue in Collin County so the McKinney district courts have jurisdiction. If you file before meeting these thresholds, Texas courts generally abate the case rather than dismiss it, putting it on hold until the time runs.

Special rules apply to military members and out-of-state spouses. Section 6.303 covers active-duty service members stationed elsewhere, and § 6.302 lets a non-resident spouse file in the Texas county where the other spouse meets the residency rule.

How is property divided in a McKinney divorce?

Texas is a community property state, so a McKinney court divides the marital estate in a manner it deems just and right under Texas Family Code § 7.001. Just and right does not mean automatic 50/50. Collin County judges have broad discretion and have awarded 55%, 60%, or even 70% to one spouse based on fault, earning capacity, health, and the needs of children.

Community property is everything either spouse acquired during the marriage, except gifts and inheritances, which stay separate. A roughly equal split is the common starting point, but a McKinney judge can order a disproportionate division when the facts justify it. Out-of-state property acquired during the marriage is also divided under § 7.002.

For child custody, Texas uses conservatorship rather than the word custody. Under Texas Family Code § 153.002, the best interest of the child is always the primary consideration, and § 153.131 creates a rebuttable presumption that appointing both parents as joint managing conservators serves the child's best interest unless family violence is shown.

Frequently Asked Questions About Divorce in McKinney

How much is the divorce filing fee in McKinney in 2026?

The Collin County District Clerk charges $350 to file an Original Petition for Divorce, effective January 1, 2026. Expect roughly $75 more for constable service of process. Low-income filers can submit a Statement of Inability to Afford Payment of Court Costs to request a waiver of the $350 fee.

Link to this question
Where exactly do McKinney residents file for divorce?

File at the Collin County District Clerk's office in the Russell A. Steindam Courts Building, 2100 Bloomdale Road, Suite 12132, McKinney, TX 75071. The office is open Monday through Friday, 8:00 a.m. to 4:30 p.m. E-filing through eFileTexas.gov is mandatory for attorneys and available to self-filers.

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How long do I have to live in Collin County before filing?

Texas Family Code § 6.301 requires either spouse to live in Texas six months and in Collin County 90 days before filing. Either the petitioner or respondent can meet both thresholds, so you can still file if your spouse qualifies even after you recently moved to McKinney.

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How long is the divorce waiting period in Texas?

Texas Family Code § 6.702 imposes a 60-day waiting period, so the earliest a McKinney divorce can finalize is day 61 after filing. The clock starts on the District Clerk's file-stamp date. The only exception is family violence with a conviction or active protective order against the respondent.

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Is Texas a 50/50 community property state?

Texas is a community property state, but not automatic 50/50. Under Texas Family Code § 7.001, Collin County judges divide the estate in a just and right manner, sometimes 55/45, 60/40, or 70/30, weighing fault, earning capacity, health, and children's needs. Roughly equal is the common starting point, not a rule.

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Do I need a lawyer to get divorced in McKinney?

No, Texas allows self-represented divorces, and uncontested cases with a signed Waiver of Service often proceed without an attorney. However, a McKinney divorce lawyer is strongly recommended when children, real estate, retirement accounts, or business interests are involved, since property division under § 7.001 is permanent and hard to undo.

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How many district courts handle divorce in Collin County?

Collin County operates 14 judicial district courts plus a magistrate court, and divorce cases are randomly assigned at filing. Your case is given a court number and judge automatically, so confirm your assigned court before any hearing. The District Clerk's main number is (972) 548-4320 for filing questions.

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Can the 60-day waiting period be waived in McKinney?

Yes, but only in narrow family-violence situations under Texas Family Code § 6.702(c). A court may grant a divorce before day 60 when the respondent has a final conviction or deferred adjudication for family violence, or when an active protective order exists against the respondent. Otherwise the 60-day wait is mandatory.

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8 frequently asked questions about divorce in mckinney. Click a question to expand the answer.

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