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Best Divorce Attorneys in El Paso, TX
Compare Top Divorce Attorneys
| Lawyer Name | TX Bar Association Status | Year Admitted to TX Bar | Law School Attended | Learn More |
|---|---|---|---|---|
| Xochitl Araujo Ambriz | Active | 2008 | Texas Southern University Thurgood Marshall School of Law | |
| Marco Antonio Aranda | Active | 2004 | Texas Tech University | |
| Regina B. Arditti | Active | 1988 | Texas Tech University | |
| Nora Artalejo-Lovett | Active | 2002 | Saint John’s University | |
| Angelica B. Carreon-Beltran | Active | 1998 | St. Mary’s University School of Law |
Filing For Divorce in Texas
While it is a good idea to hire a lawyer in divorce cases, you should always do some research in advance and learn about your rights and duties during and after the divorce proceedings. This way, you can make sure your and your family’s interest is always protected.
Below is a brief guide to the divorce laws in Texas.
Texas Divorce Requirements
You can file your divorce petition in Texas only if you fulfill the state as well as the county residential requirements. You must have lived in Texas for at least six months and the county where you are filing for at least 90 days. If either you or your spouse satisfies these requirements, both of you are eligible to file the petition.
Types of Divorce and Separation in Texas
- Legal Separation. Although Texas law does not recognize legal separation, if you are not sure about getting a divorce yet, you can still physically separate from your spouse and protect your rights. You can get temporary orders, protective orders and separation agreements to achieve a similar outcome as that of a legal separation. You can also file a Suit Affecting the Parent-Child Relationship to determine your child’s custody and visitation rights.
- Fault-Based Divorce. A spouse can seek divorce for the following grounds in Texas:
- Cruelty
- Adultery
- Living apart for at least three years
- Abandonment for at least one year
- Confinement in a mental hospital for three years
- Conviction of felony and imprisonment for at least one year
- No-Fault Divorce. The court will grant a divorce without any fault of either of the spouses if their marriage is insupportable due to a conflict of personalities and there are no expectations of reconciliation between them.
- Default Divorce. After the divorce petition is filed and served, the respondent has 20 days from the receipt of their copy to file a response. If they fail to do so, the court may issue a default judgment based on the facts stated in the original petition. However, if the respondent files a reply any time before the divorce is finalized, the court may accept it and deny a default divorce.
Child Custody, Support and Visitation in Texas
The Texas laws on child custody, support and visitation are based on the policy that children should have continued healthy relationships with both parents and the parents should share their duties to provide a safe, stable and non-violent environment for their children.
The court makes decisions that are in the best interest of the children. It considers factors like the parent’s history of neglect or abuse before deciding on primary and joint custody. If the parties have not prepared a parenting plan that is in the best interest of the child, the court will appoint a custodial parent and also specify the rights and duties of the non-custodial parent and prepare a visitation schedule.
The court will order the non-custodial parent to pay child support until the child attains the age of 18 or graduates from high school, whichever is later. The amount of support will depend on the net resources and the number of eligible children.
Property Division in Texas
Except for gifts, personal injury settlements or inheritance, all the properties and earnings acquired by a married couple during the period of their marriage are considered to be community property. This includes salaries, real estate, vehicles, pension and retirement contributions and unemployment compensations.
The court will divide the community property and debt depending on factors like children’s needs, the earning capacity of the spouses and the custodial rights of the spouses in a way that is “just and right.” If the parties have agreed upon a division themselves, the court will most likely approve it.
A spouse can seek maintenance if they do not have sufficient means to maintain themselves. The court will order alimony in Texas in the following situations:
- If the paying spouse has been convicted of family violence against the claiming spouse or their children in the last two years.
- If the couple has been married for at least 10 years and the claiming spouse is disabled or is a caretaker of a disabled child and does not have sufficient property to provide for their needs.
- If the couple was married for at least 10 years and the requesting spouse is not able to support themselves.
- If the spouses have agreed to maintenance payment.
- If the claiming spouse is a sponsored immigrant.
Filing and Serving Your Divorce Papers
If you and your spouse agree on all the terms of your divorce and are filing an uncontested divorce in Texas, you can create your petition using the forms provided by the Texas State Law Library. The Texas Supreme Court has also approved forms for uncontested divorce that do not include children or property.
However, if you are not in agreement on all the terms and are filing for a contested divorce, you should reach out to a divorce lawyer in El Paso to help you create and file your divorce petition.
After you file your petition, you must serve a copy to your spouse. You can hire any authorized person over the age of 18 years to serve the petition personally or send it through registered mail. Your spouse can also waive the entire service procedure and accept the document from you by filing a notarized waiver with the court clerk.
Finalizing Your Divorce
After you have served your spouse with the divorce papers, they have to respond within 20 days of its receipt. If they fail to do so, the court may grant a default judgment solely considering the demands of the petitioner as long as they are just and fair.
Once the terms of your divorce are finalized, the court will issue a final divorce decree after a 60-day waiting period from the date on which the petition was filed is over. This period does not apply in cases where the respondent is convicted of family violence or the petitioner has a protective order against the respondent.
How Can an Attorney Help You?
Whether your divorce case is contested or uncontested, hiring a lawyer can assist you through this stressful and draining process. They will help you navigate the paperwork, which can sometimes get extremely confusing and overwhelming, and assist you until you get your divorce decree.
Lawyers with significant divorce matter experience are equipped with strategies and knowledge that can protect your and your family’s best interest in the case. They will help you with the equitable distribution of your assets and debts. They also have resources to help you uncover assets your spouse may be hiding to avoid a fair division. They will draft your settlement agreement with comprehensive and clear information about child custody and visitation schedules, property division and maintenance.
An El Paso divorce lawyer can guide you through alternate dispute resolution methods if you are not in agreement on all the terms of your divorce. They can help you resolve your issues through mediation, so you can avoid spending thousands of dollars on lengthy trials. If that is not an option for you, they can represent you in trial and help you get temporary orders to ensure your family’s safety and protection.
How to Find the Best Divorce Lawyer in El Paso, TX
Divorces are hard and if kids and properties are involved, the entire process becomes more complicated. Therefore, it is wise to hire a lawyer to assist you with the legal process and make sure your decisions are not emotionally driven but practical and foresighted.
Here are a few things you can keep in mind to find a good divorce lawyer in El Paso:
- Experience. You should always ask your lawyer about their experience dealing with cases similar to yours. Every relationship is different, so the issues faced by every couple are unique. A lawyer who has helped couples with similar issues as yours will have better strategies in place to guide you through your divorce.
- Fees. Divorces are expensive, especially if you and your spouse are not on the same page with the terms of your divorce. Therefore, you should always have a conversation about the total possible expenses with a lawyer before you make a hiring decision.
- Testimonials. Client testimonials can give you a fair idea about the working method and temperament of a lawyer. So, you should always read testimonials on a lawyer’s website and other review websites before you decide to hire them.
Methodology
To come up with the best divorce lawyers in El Paso of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
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Frequently Asked Questions (FAQs)
How much does a lawyer charge for a divorce case in El Paso Texas?
A divorce can cost you anywhere between $300 to $25,000 depending on the facts of your case. If you and your spouse already agree on all the terms, you can finalize your divorce by just paying a small fee for form creation and the clerk filing fee. But if you have kids and community property, the cost of divorce will be higher. It increases significantly if you are filing a contested divorce and require mediation sessions or representation during a trial.
Can I make my spouse pay for my divorce lawyer in Texas?
Yes, the court can order a spouse to pay reasonable attorney’s fees and legal expenses for the other during the divorce proceedings. The court can award these expenses to the requesting party by issuing a temporary order at any time after the divorce petition is filed or by adding it to the divorce decree after the divorce is finalized.
How long does a divorce fully take in Texas?
The courts will take a minimum of 60 days from the date of filing to finalize your divorce. However, it usually takes a bit longer to complete the entire process and may take between six months and a year. More complex divorces take longer, depending on the need for alternative dispute resolution methods or a trial.
The 60-day waiting period is waived in cases where your spouse has been convicted of family violence against you or a member of your household or if you have an active protective order against them.
