El Paso Divorce Lawyer
A Poised Approach to a Stressful Situation
Regardless of your reasons for seeking a divorce, the process can be daunting. There will likely be rampant emotions and tricky confrontations to wade through. With an experienced and compassionate attorney in El Paso on your side, you can rest assured that your divorce will be handled with care.
The Law Office of Erica P. Rios provides comprehensive representation for those in the throes of a divorce. We help you recognize and prioritize your goals, working toward a positive resolution with minimal anguish along the way.
If you are facing a divorce in El Paso, call the Law Office of Erica P. Rios at (915) 255-3840 today to speak with a trusted El Paso divorce lawyer.
Grounds for Divorce in Texas
In Texas, the seven grounds for divorce include:
- Insupportability: The only reason for divorce that both parties must agree on, “insupportability” refers to unresolvable disagreements that are preventing the marriage from working.
- Cruelty: When your spouse treats you cruelly and forces the marriage to end.
- Adultery: Divorce spurred by a cheating spouse.
- Conviction of a felony: When your spouse is convicted of a felony in Texas and is serving a minimum of one year in prison. This reason does not apply if your spouse receives a pardon.
- Confinement in a mental hospital: Divorce due to your spouse’s confinement to a private or state mental hospital for a minimum of three years.
- Living apart: If you and your spouse have been separated and living apart for at least three years, you can file for divorce on these grounds.
- Abandonment: You can use abandonment as your reason for divorce if your spouse has been gone for at least a year and has no intention of returning to you.
How The Divorce Process Works in El Paso
Most people begin a divorce without a clear roadmap of what will happen next. Understanding the basic steps can make the experience feel less overwhelming and help you decide when to involve a divorce lawyer El Paso residents trust. In a typical case, one spouse files an Original Petition for Divorce in El Paso County, and the other spouse is served or agrees to accept service. Temporary orders may then be requested to address parenting time, support, and use of the home or vehicles while the case is pending.
After temporary issues are addressed, both sides exchange information about income, debts, and property. This discovery phase is especially important in community property states like Texas, where most assets acquired during the marriage must be identified and valued before they can be fairly divided. Many El Paso divorces are resolved through negotiation or mediation at this stage, avoiding a contested trial. If agreements cannot be reached, the case is set for a final hearing in the El Paso County family courts, where a judge makes the ultimate decisions.
Understanding Contested vs. Uncontested Divorce in Texas
Is your divorce contested or uncontested? Either way, our firm can help. An uncontested divorce is one that both partners have agreed on and that lacks significant disputes regarding assets and property. Conversely, a contested divorce occurs when the partners do not agree on the grounds for divorce or the distribution of assets. Contested divorces require more meticulous work to resolve, as all assets and property need to be identified and characterized.
Timeline for Contested Divorce Proceedings in Texas
A contested divorce could take six months to one year or even longer. Typically, the more complex the divorce, the longer it will take to finalize. The more assets and issues at hand, the more complex it can become.
These issues can include:
- The custody of children
- High volume of assets and/or property
- If the other spouse has hired an attorney
- If you and your spouse cannot agree on any of the terms (contested)
How Quickly Can You Finalize an Uncontested Divorce in Texas?
The average duration is 60–90 days, depending on the availability of the court. However, the Texas divorce timeline can take between two months and one year to complete. The shortest time to wait for a divorce is 61 days. This is usually uncommon, though, as courts can become delayed due to how many cases they handle. Once you attend your final divorce hearing, this can take several days, depending on the evidence presented by both parties.
Factors that may complicate an uncontested divorce include:
- Minor children
- Children’s educational needs, such as private schooling and daycare
- International travel
- Multiple homes
- Business ownership
Texas Residency Requirements for Filing a Divorce
Yes, there are a couple of requirements to keep in mind.
- At least one of the spouses needs to be a Texas resident for at least 6 continuous months.
- Furthermore, at least one of the spouses needs to be a resident of the county where they are filing the divorce for 90 days or more.
Strategic Benefits of Filing for Divorce First in Texas
Some advantages include:
- First to speak in court (although the flip side of this is sometimes it is advantageous to have the last word)
- Set the overall tone of the case
Obtain immediate help from the court if needed, such as:
- Orders regarding assets and children
- Protective order
One disadvantage might be that the filing fee is usually much more expensive for the person filing first.
Top Reasons to Hire an El Paso Divorce Attorney
The main reasons to work with a divorce attorney in El Paso include:
- Professional advice and guidance: While you might be able to navigate the divorce proceedings on your own, it is strongly advised that you hire a lawyer. You may commit errors if you lack adequate experience and skills, resulting in you receiving less than you deserve. A skilled attorney can help you follow the law, which is especially important because divorce is complicated and often involves children.
- Reduced stress and conflict: Taking care of the whole divorce process on your own would be very difficult. Transferring responsibility can help you manage the tension you are facing. You will be able to concentrate your time on more important matters because you have a retained lawyer working with you. Perhaps most importantly, communicating with or consulting with your spouse can be very stressful, and you would not have to deal with them directly if you hire a divorce lawyer to represent you.
- Leveling the playing field: If your spouse has hired a lawyer, you will almost certainly need your own. When one spouse is represented and the other is not, the represented spouse usually fares better in divorce proceedings. Please be aware that since an attorney will only serve one partner in a divorce, their lawyer is not by your side.
Frequently Asked Questions
How Long Does A Typical Divorce Take In El Paso?
The minimum waiting period for a divorce in Texas is 60 days from the date the petition is filed, but most El Paso divorces take longer. The timeline depends on how quickly spouses exchange information, whether temporary orders are needed, and how crowded the dockets are at the El Paso County family courts. A straightforward uncontested case may be finished in a few months, while a contested case with complex property or parenting issues can take closer to a year.
Do I Have To Go To Court For My Divorce?
Many people are able to resolve their divorce without a full trial by working through negotiation or mediation. You may still need to appear briefly in an El Paso County courtroom so a judge can review your agreement and sign the final decree. If major disagreements remain about children, support, or property, additional hearings may be required so the judge can hear evidence and make decisions.
What Should I Bring To My First Meeting With A Divorce Lawyer?
For an effective first meeting, it helps to gather recent pay stubs, a list of assets and debts, any existing court orders, and a basic outline of your goals for parenting time and property division. Bringing this information allows the attorney to give you more tailored feedback on what to expect under Texas community property rules. If you do not have everything yet, a consultation can still help you understand which documents to request and how to prepare for filing in El Paso County.
Trust Us to Get You Through This
Contact The Law Office of Erica P. Rios