Divorce Attorney in El Paso

Protecting Your Family and Your Future in a Divorce

Making the decision to end a marriage is undoubtedly difficult, but when it is the best option for you and your family, you need an attorney who can help protect your interests. Divorce proceedings are often filled with emotion and contention. An El Paso divorce lawyer can help you understand the process and represent you throughout the proceedings.

At the Law Offices of Rios, Parada & Seañez, PLLC, we understand how challenging this time can be for you and your loved ones. We are here to help you find legal solutions that work. Our goal is always to resolve matters quickly for the most favorable outcome possible.

If you are considering ending your marriage, contact our office at (915) 532-2333 to schedule a phone consultation with an experienced divorce attorney in El Paso.

Texas Divorce Laws

In Texas, there are several requirements that you must meet in order to file for divorce (dissolution of marriage). Most importantly, you or your spouse must meet residency requirements. In addition, you must have a legal reason (grounds) for getting the divorce or file for a no-fault divorce. Divorce proceedings can be complicated and frustrating. It is always recommended that all parties retain a divorce lawyer before starting the process.

An El Paso family law attorney can help you understand your rights and ensure that all filings are done correctly in the proper jurisdiction. While legally, you do not have to retain a divorce attorney, not having one could be costly. A lawyer can save you time and money, always advocating on your behalf.

Residency Requirements

According to Texas Family Code § 6.301, an action for divorce will not be allowed in the state unless, at the time the petition is filed, one or both spouses have been a resident of the state for the preceding six-month period and a resident of the county for the past 90 days.

Grounds for a Divorce in Texas

Texas recognizes both fault-based and no-fault divorce. If you are filing for a fault-based dissolution of marriage, you and your divorce attorney must state a valid legal reason or grounds for the divorce.

Fault-based grounds for divorce in Texas:

Cruelty
Adultery
Conviction of felony
Abandonment
Confinement in a mental hospital

If you do not have grounds for a divorce, you can file for a no-fault dissolution of marriage. A no-fault divorce may be granted if the couple cites insupportability (irreconcilable differences) or has lived apart for at least three years.

To determine your legal options in a divorce, you need to consult a qualified lawyer. An El Paso divorce attorney can discuss the advantages and disadvantages of both forms of divorce. Call (915) 532-2333 to learn more.

Types of Divorce Proceedings We Handle

At the Law Offices of Rios, Parada & Seañez, PLLC, our El Paso family law attorneys handle all aspects of divorce. Our dedicated family law firm can assist you whether you are considering filing but have not started the process or are months into the proceedings. We will always represent your best interests, protecting you, your children, and your future.

Types of divorce cases and matters we handle:

No-fault divorce – A no-fault divorce will be granted if it is based on insupportability or if the spouses have lived apart without cohabitation for at least three years.
Fault-based divorce – To file for a fault-based divorce, you must have a legally valid reason, including cruelty, adultery, the conviction of a felony, abandonment, or confinement in a mental hospital.
Contested divorce – In a contested or litigated divorce, the respondent typically does not agree with the reasons for the divorce and may file an answer or counter-petition. Contested divorces can take a significant amount of time to complete and may be particularly contentious if there are substantial assets involved.
Uncontested divorce – an uncontested or “agreed” divorce is one of the quickest ways to legally end a marriage since both parties agree on the issues normally decided during the proceedings.
Mediated resolution – In a mediated divorce, the parties agree to negotiate the terms of the divorce through mediation. If the parties cannot agree on a suitable compromise, they can then go to court to have their divorce finalized.
Collaborative law divorce – Similar to a mediated divorce, a collaborative law divorce offers each party the opportunity to come to an agreeable resolution outside of court. Neutral third parties help the couple to come to a decision about the terms of their divorce.

Issues such as child custody, child support, spousal support, and property division will all be resolved during a divorce. It is important to note that if you are pregnant, you can file for divorce, but it will not be finalized until after you give birth.

Frequently Asked Questions

What are the residency requirements to file for divorce in Texas?

To file for a divorce in the state of Texas, at least one spouse must have been a resident for at least six months prior to filing. The spouse must also have been a resident of the county where the divorce is filed for a minimum of 90 days.

Is Texas a community property state?

Yes, Texas is a community property state. This means that most of the property acquired by either spouse during the marriage is considered community property and, therefore, subject to division upon divorce. However, property acquired before the marriage, such as inheritances and gifts, are generally considered separate property and are not subject to division.

How long does it take to finalize a divorce in Texas?

The time it takes to finalize a divorce in Texas depends on several factors, such as the complexity of the issues involved and whether the divorce is contested or uncontested. However, if both parties agree on all issues and are not contesting the divorce, it can be finalized in as little as 60 days after the date of filing. Contested divorces, on the other hand, can take much longer, sometimes several months, if not years, to finalize.

Work With The Leading Divorce Attorneys in El Paso

If you are seeking a divorce, contact our office at (915) 532-2333 to schedule a phone consultation. Our attorneys have extensive experience handling family law matters. We work tirelessly to pursue a fair solution for our clients, always working to ensure that they receive the best outcome possible. Do not hesitate. Contact us online or call our office now to speak with a top divorce attorney in El Paso.