What to Know About Divorce Proceedings in Texas
Understanding the Difference Between the Different Types of Divorce
If you are seeking a divorce in Texas, you may have more than one option for how to file. There are, however, several rules that you must follow. For instance, only residents who have lived in the state for at least six months are able to file, regardless of the type of divorce. Because it can be a complicated legal process, it is in your best interest to discuss your case with an attorney.
At The Law Offices of Rios, Parada & Seañez PLLC, we represent individuals in divorce proceedings. Our firm proudly serves clients throughout El Paso and the surrounding areas. Divorce is never easy, but hiring the right lawyer can help ensure your interests are protected. Are you seeking to file a divorce in El Paso? Contact us online or call (915) 532-2333 to schedule a consultation.
Fault vs. No-Fault Divorce
Texas recognizes both fault and no-fault divorces. To file for a fault-based divorce, you must prove that your spouse engaged in some kind of misconduct recognized under the state Family Code.
Grounds for a fault-based divorce include:
- Cruelty
- Adultery
- Conviction of a felony
- Abandonment
- Confinement in a mental hospital
Many people seek to file a no-fault divorce because it can often be resolved quickly and may be less contentious than a fault-based dissolution of marriage. Texas recognizes insupportability (similar to irreconcilable differences in other states) or living apart for at least three years without cohabitation as grounds for a no-fault divorce.
Contested vs. Uncontested Divorce
In addition, people can file for a contested or uncontested divorce. A contested divorce means that the parties do not agree to the divorce or an issue addressed within the divorce, such as the division of property. An uncontested divorce or “agreed divorce” means that the parties can reach an agreement regarding the terms of the divorce and that the issues are not opposed.
While uncontested divorces are generally much easier and faster than contested divorces, it is still in your best interest to consult with an El Paso divorce attorney as early in the process as possible. An attorney can help you understand your rights and work to ensure you receive the best possible outcome.
Collaborative, Mediated, and Default Divorces
A collaborative divorce is when both parties agree to settle their divorce outside of court. All of the terms of the divorce are negotiated between the parties and their attorneys. A mediated divorce is very similar to a collaborative divorce, except that the parties agree to go through mediation to find an agreeable resolution.
If you file for a divorce but your spouse does not respond, the court may grant you a default divorce. However, to obtain a default divorce, you must prove that you gave your spouse proper notice and that you served them. Texas law requires that service be done by a sheriff, constable, or other official authorized under Rule 103 of Civil Procedure. You cannot serve the papers yourself.
Contact Our Office for More Information
If you would like more information about filing for divorce in Texas, contact us online or call (915) 532-2333 to schedule a confidential consultation. All case evaluations are provided without obligation to retain our services. Divorce proceedings can be complicated. Even if you are filing for an uncontested divorce, you should still consult with an attorney.
At The Law Offices of Rios, Parada & Seañez PLLC, we know that no one enters into a marriage thinking it will end in divorce. Filing for a dissolution of marriage is never an easy decision, but understanding your legal options can help you make an informed choice. Call our office today to get help moving forward with the next chapter of your life.