El Paso Divorce Lawyer
Divorce Representation in English & Spanish for El Paso Families
Divorce touches nearly every part of your life: your children, your finances, your home, and your future. At The Law Office of Erica P. Rios, we represent El Paso residents through the full range of divorce matters, from straightforward uncontested cases to high-conflict litigation, same-sex divorces, and post-divorce modifications. We build the legal strategy around your priorities for property, finances, parenting, and life after divorce.
We handle divorce cases in English and Spanish, which means you can communicate in the language where you’re most comfortable and confident. That matters in a legal process where the details you share directly shape the outcome.
Facing a divorce in El Paso? Call The Law Office of Erica P. Rios at (915) 255-3840 to speak with a divorce attorney who knows Texas family law.
Divorce Services We Handle in El Paso
Divorce isn’t one-size-fits-all. The path forward depends on whether you and your spouse can reach agreements, the complexity of your assets, whether children are involved, and what you need from life after the marriage ends. We handle each of the following:
Contested Divorce:
When spouses disagree on property division, child custody, support, or grounds for divorce, the case becomes contested. These matters require careful preparation, full financial disclosure, and often courtroom advocacy. A contested divorce can take six months to a year or more depending on what’s at stake. We represent El Paso clients through every stage, from temporary orders to final trial.
Uncontested Divorce:
When both spouses have reached agreement on all major issues, the process moves significantly faster. Texas requires a minimum 60-day waiting period from the date the petition is filed, and many uncontested cases resolve within two to three months. We prepare the necessary agreements and filings reflecting what was decided.
Same-Sex Divorce:
Same-sex couples face the same legal process as any other married couple in Texas, but some cases involve unique questions around the timing of asset acquisition or prior legal arrangements from before marriage equality was recognized. We examine those timelines and prior arrangements when addressing property division.
Post-Divorce Modifications:
Circumstances change after a divorce is finalized. A significant shift in income, a relocation, or changes in a child’s needs can be grounds to modify an existing order for custody, visitation, or support. We represent El Paso clients seeking updated orders when the original terms no longer reflect the current reality.
Grounds for Divorce in Texas
Texas recognizes seven grounds for divorce:
- Insupportability: Discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. This is the most commonly filed ground in Texas
- Cruelty: When one spouse’s treatment of the other makes living together insupportable
- Adultery: A cheating spouse whose conduct contributed to the breakdown of the marriage
- Felony conviction: A spouse convicted of a felony who has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state (doesn’t apply if the spouse has been pardoned, or if the conviction was based solely on the other spouse’s testimony)
- Confinement in a mental hospital: A spouse confined in a private or state mental hospital for a minimum of three years with no expectation of recovery
- Living apart: Spouses who have lived separately for at least three continuous years
- Abandonment: A spouse who has left voluntarily for at least one year with no intention of returning
Most El Paso divorces are filed on insupportability grounds, but when fault exists, establishing it can affect how the court divides property and awards support. We evaluate which approach serves your goals before any filing decisions are made.
What to Expect from the Divorce Process in El Paso
Most El Paso divorces begin when one spouse files an Original Petition for Divorce in El Paso County. The other spouse is then served or agrees to accept service. From there, the court may enter temporary orders covering parenting time, child support, spousal support, and use of shared assets while the case is pending.
Both sides then exchange financial information through a process called discovery, covering income, debts, and all property acquired during the marriage. Texas is a community property state, meaning most assets gained during the marriage are presumed to be community property belonging to both spouses. Under Texas law, the court divides that property in a just and right manner, which doesn’t always mean a straight 50/50 split. Identifying, characterizing, and valuing that property accurately is one of the most important steps in the process. Many cases are resolved through negotiation or mediation before they ever reach a trial setting, but when agreements can’t be reached, we’re prepared to litigate in the El Paso County family courts.
To file for divorce in Texas, at least one spouse must have been a Texas resident for a minimum of six continuous months. Additionally, at least one spouse must have lived in the county where the petition is filed for at least 90 days before filing. These requirements apply whether the divorce is contested or uncontested.
Frequently Asked Questions
Can I Modify a Divorce Decree after It’s Finalized?
Yes, under certain circumstances. Texas courts allow modifications to child custody, visitation, and support orders when there has been a material and substantial change in circumstances since the original order was signed. Common triggers include a significant change in income, a parent’s relocation, or a shift in the child’s needs. Property division, once finalized, generally can’t be reopened except in cases of fraud or mistake.
What Should I Bring to My First Consultation with a Divorce Lawyer?
It helps to bring recent pay stubs, a list of assets and debts, any existing court orders, and a basic sense of your goals for parenting time and property. You don’t need everything together before reaching out. During your first consultation, we can explain what documents to gather, what Texas community property rules mean for your situation, and what to expect from the process ahead.
Do I Need a Lawyer If My Spouse & I Already Agree on Everything?
Even in an uncontested divorce, working with our divorce attorneys can prevent costly mistakes. Agreements need to be drafted precisely to hold up after the decree is signed, particularly around property transfers, retirement accounts, and parenting terms. A small drafting error can create problems that are difficult and expensive to fix later.
Whether your divorce is contested or uncontested, we handle property, support, and parenting issues in English or Spanish.
Ready to take the next step? Call The Law Office of Erica P. Rios at (915) 255-3840 to speak with an El Paso divorce attorney today.
Trust Us to Get You Through This
Contact The Law Office of Erica P. Rios