El Paso Divorce Lawyer

Going through a divorce can be a very emotional and stressful experience, not only for the couple but also for the children. That is where the Rosales Law Firm comes in. Our professional care and advice can ease your family’s troubles, which may seem overwhelming.

We are divorce attorneys Marc and Joe Rosales. At our firm, Rosales Law Firm, in the El Paso area, we can give you all the information you need to make the decisions you have to make. We will inform you of the basics of divorce law, whether you are certain that you are ending your marriage or are just considering your options.

If a divorce – contested or uncontested – is imminent, contacting knowledgeable divorce attorneys like us is paramount to preserving your own long-term financial and emotional health.

What Steps Are Involved In The Divorce Process?

The divorce process in Texas involves several key steps. Here’s an overview of what you can expect:

1. Filing for divorce: The process begins with one spouse (the petitioner) filing divorce forms with the court.
2. Serving the divorce papers: The other spouse (the respondent) is then formally served with the divorce papers.
3. Responding to the petition: The respondent has a set time frame to answer the petition.
4. Negotiation and settlement: Both parties, with the help of their divorce lawyers, negotiate terms, including property division, child custody and support.
5. Finalizing the divorce: Once you reach an agreement, the court reviews and finalizes the divorce decree.

This overview covers the basic steps, but a lawyer can provide detailed guidance and support through each stage of the divorce process.

An Overview Of Texas Divorce Laws

It is important to remember that Texas has its own unique set of divorce laws. Here are some key points:

• You can choose to have a fault-based divorce or a no-fault divorce, and both are allowed under Texas law. Some states only allow for no-fault divorce, but Texas gives you options.
• When using a no-fault divorce, you typically cite insupportability or irreconcilable differences.
• The Texas Family Code allows for a fault-based divorce on the grounds of cruelty, adultery, felony conviction, abandonment, living apart for a minimum of three years or one spouse being sent to a mental hospital.
• A child custody agreement issued during divorce can address both physical custody (where the child lives) and legal custody (who can make decisions on the child’s behalf).
• Residency requirements in Texas mean you must have lived in the state for six months and your county for 90 days.

We can answer any questions you have about the specifics of a Texas divorce.

The Types Of Divorce In Texas

There are also different types of divorce you can consider, depending on the unique specifics of your case:

• Uncontested divorce: This essentially means that you are not contesting the terms and that you and your partner can write your own divorce agreement. An attorney from our firm can then review it and make it legal.
• Contested divorce: This means that the two of you do not agree on important details like property division or child custody rights. You may need a court order to define your rights.
• Collaborative divorce: A collaborative divorce often gives you more control over the outcome than litigation.
• Mediation: A third-party mediator guides the process and ensures it is legal, but you and your spouse still get to find your own solutions rather than relying on the court to decide for you.
• Legal separation: If you want to legally separate without divorcing, you need a separation agreement or a contract relating to property division, finances, etc.

At Rosales Law Firm, our experienced team can help you determine which of these options is right for you.

The Timeline For Texas Divorces

Many clients ask, “How quickly can I get divorced in Texas?” There is a 60-day waiting period from the filing date before a judge will finalize the divorce. After that passes, the timeline for a divorce in Texas varies significantly depending on the complexity of the situation. The timelines for the two types of divorce are as follows:

• Uncontested divorce: If you and your spouse agree on all terms, then an uncontested divorce can be finalized relatively quickly, sometimes in as little as 61 days.
• Contested divorce: When disagreements arise over property, custody or other significant issues, the process becomes longer and more complicated. Contested divorces can take between several months to more than a year to resolve.

As your divorce attorneys, we will strive to resolve your case as efficiently as possible while ensuring that your interests are fully protected.

Financial Considerations In Divorce

Divorce can have significant financial implications. The cost of a divorce itself can include:

• Attorney fees
• Court filing fees
• Mediation costs
• Expert witness fees (if necessary)
• Property appraisals
• Tax implications

In terms of protecting your financial interests during and after your divorce, consider the following suggestions:

• Gather and organize all your financial documents
• Create a comprehensive list of assets and debts
• Consider opening individual bank accounts
• Avoid making major financial decisions without legal counsel
• Consult with a financial adviser

Taking these steps can help ensure a more secure financial future post-divorce. As your divorce lawyers, we can help you navigate these financial considerations and work to minimize costs while protecting your interests throughout the divorce process.

What To Avoid During A Divorce

During this already challenging time, certain actions can negatively impact your case or escalate conflict. Here are some important things to avoid:

• Don’t ignore court orders.
• Don’t post about the divorce on social media.
• Don’t make any promises or agreements without legal assistance.
• Don’t involve your children in adult matters or speak negatively about the other parent in their presence.
• Don’t delete or destroy documents or correspondences, even if you think they might hurt your case.

By being mindful of these points and seeking legal counsel from experienced divorce lawyers like us, you can approach this challenging transition with greater clarity and confidence.

Frequently Asked Questions About Divorce In Texas

This FAQ section is designed to provide clear guidance based on years of experience handling serious divorce cases in Texas.

What is the process for filing for divorce in Texas?

A divorce starts when one spouse files an Original Petition for Divorce in the proper county. Texas requires that one spouse has lived in the state for at least six months and in the county for 90 days. After filing, the other spouse must be legally served.

From there, the case follows a set path through the court system. Key steps often include:

• Formal service of divorce papers
• Required financial disclosures
• Temporary orders for children or finances, if needed
• Negotiation, mediation or trial

Texas courts expect deadlines to be followed and documents to be accurate.

How long does a divorce take?

Beyond the required 60-day waiting period, the timeline depends on whether both parties agree on terms or if contested issues require court intervention. An uncontested divorce, where spouses agree on property, custody and support, can be concluded within two to three months.

Contested divorces involving disputes over assets, children or spousal maintenance may take anywhere from six months to over a year to resolve.

What are the costs associated with divorce?

Every divorce includes filing fees and service costs. Beyond that, expenses depend on how contested the case becomes.

Costs are often affected by:

• Disputes over child custody or visitation
• Property division and retirement accounts
• Requests for temporary or emergency orders

Disagreements increase court involvement, which increases costs. Texas judges take financial honesty seriously, and providing misleading information can lead to penalties.

How is child custody determined in a divorce?

Texas uses the term “conservatorship” instead of custody. Courts focus on the child’s best interests. Judges look at stability, parental involvement, safety and daily care. Joint managing conservatorship is common, but it does not guarantee equal parenting time.

Can I modify a divorce agreement after it is finalized?

A final decree is a serious legal document, but it can be modified under certain conditions. To change orders regarding children or support, there must be a material and substantial change in circumstances. This might include a job loss, a relocation or a change in the needs of the child.

The state takes these orders seriously. These changes require a formal legal process to help ensure the new arrangement remains fair and lawful.

Call A Dedicated El Paso Divorce Attorney For Help

Get answers tailored to your unique situation from an experienced family lawyer. Call the Rosales Law Firm at 915-219-5516 or use the online form to schedule your initial consultation.