Divorce

El Paso Divorce Lawyer

Divorce is undoubtedly one of the most emotionally challenging experiences an individual can go through. In Texas, a divorce can become complex due to the state's specific legal requirements and the potential for contentious disputes over issues like child custody and property division. 

Many individuals find it challenging to navigate the legal landscape of divorce, especially when faced with the emotional trauma of ending their marriage. This trauma is often further complicated by the need to make crucial decisions about their finances, property, and children’s future. 

Parental concern for children can make the process especially daunting and overwhelming. The emotional toll on children can be significant as they grapple with the changes in their family structure, potential shifts in their living arrangements, and the emotional distress of their parents.

At Setra Law Firm, we have helped countless Texans with the divorce process. We handle simple, uncontested divorces as well as contested divorces that can be complicated due to disputes. These disputes can arise over custody, visitation, and alimony, or how to divide multiple and varied assets, from stock portfolios to business ownership, professional practices, retirement accounts, pensions, and other investments. 

Request a confidential consultation with an El Paso divorce attorney about your case at (915) 221-9115 or by submitting your contact information online

Overview of Texas Divorce

In Texas, both no-fault and fault-based divorces are recognized. In a no-fault divorce, neither spouse is identified as responsible for the marriage breakdown. Instead, the couple can cite "insupportability" as the reason for their divorce, meaning that their personality conflicts have made the marriage unworkable. This is the most common ground for divorce in the state. It can proceed without the need for litigation as long as both parties can agree on settlement terms.

On the other hand, fault-based divorce implies that one spouse is to blame for the dissolution of the marriage. The grounds for a fault-based divorce in Texas include adultery, cruelty, abandonment, long-term incarceration, living apart, and confinement in a mental hospital. 

In a fault-based Texas divorce, the grounds for the divorce must be proven in court. This automatically lengthens the divorce process due to the need to prepare and present cases to a judge in hearings based on court availability.

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    Community Property Division

    Texas follows the community property rule. This means that all assets and debts acquired during the marriage are considered jointly owned and should be divided equitably, but not necessarily equally, between the spouses. 

    Certain properties are considered separate properties, such as gifts, inheritances, and assets owned before the marriage; these are generally not subject to division. Determining what constitutes community and separate property can be complex. In determining property division, courts consider various factors, including each spouse's earning power, age, health, and who has custody of the children.

    Legal Requirements for Divorce

    Before filing for divorce in Texas, you must meet legal requirements. Texas has a residency requirement involving at least one spouse residing in Texas for at least six months and in the county where the divorce is filed for at least 90 days.

    A divorce can take anywhere from 60 days to over a year to resolve, depending on the case’s complexity and whether it is contested or uncontested. 

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