Divorce Lawyer in El Paso 

We’ll Be on Your Side, Every Step of the Way 

Your case is important to us. Dealing with divorce is not easy, so you need caring and reliable legal representation to guide you through the legal labyrinths and tumultuous divorce process. Our law firm provides top services in family law. As a local law firm, we care about this community and fight to represent those that seek counsel from us. When it comes to family disputes, you need great expertise and professional services. We care. We listen. We are on your side. 

A Closer Look at Our Divorce Services 

Joseph & Hartshorn provide qualified divorce services to Texas residents. From uncontested divorces to those that require a little more negotiation, Jordan Hartshorn, our divorce attorney, works to represent your interests. We provide legal representation with:

• Uncontested divorces
• Mediated divorces 
• Litigated (or contested) divorce
• Collaborative law divorce

Grounds for Divorce in the State of Texas 

Although it may seem that all a divorce needs is a signature, it’s not always that simple. The state of Texas does require couples to have a substantial reason for divorce. Texas allows for a person seeking a divorce to declare it a fault or no-fault divorce. The type of divorce filed may have an impact on the way marital assets are distributed. 

The Divorce Process in Texas — How Long Does the Process Take?

Divorce proceedings vary in the amount of time they take to finalize. Texas does have a mandatory 60-day waiting period from the date of filing, which is automatically added to the overall processing time. Even an uncontested divorce, when both parties agree to every term, the 60 day waiting period plus scheduling with the court docket means the fastest route can take up to a couple of months.  For most couples, a divorce in Texas can take anywhere from 4 months to a year. 

When there are multiple assets and children involved, the divorce will likely take longer and be a lot more involved. The process may look something like this:

1. Pre-filing stage.  This stage involves your initial consultations with your attorney, as you prepare the preliminary paperwork and divorce petition. Your divorce attorney will guide you through tips on how to prepare your finances and talk to your kids or family about what’s happening. 
2. Filing of paperwork. This phase may take a few days. Your attorney begins the dissolution of the marriage by filing the petition with the court. The petition paperwork will also spell out the requests for asset division, property, and child custody. 
3. Waiting period. The waiting period in Texas is 60 days. It is meant as a time for couples to take a breather and see if there is any resolution to the marriage. 
4. The response to a petition. The petition filed with the court must then be served to the Respondent to notify them that the case has been filed. Petitions are served via process servers, mail, or other delivery service permissible pursuant to the Texas Rules of Civil Procedure. 
5. Contesting a divorce. When a divorce is contested, a process of discovery must be initiated to collect evidence that supports each party’s case. This part of the process can be time consuming. The attorneys may also choose to negotiate and try to reach a settlement out of court. 
6. Temporary orders. This may occur when a divorce involves especially complicated proceedings. It details temporary arrangements for the family home, children, assets, etc. 
7. Final divorce hearing. At this point, a judgment is declared. This hearing is often scheduled months in advance. 

The Difference Between Contested and Uncontested Divorce 

The divorce process and the time it takes to finalize depends on many different factors. Contested divorced will tend to take longer because there are more issues to settle. So what’s the difference between contested and uncontested divorce? 

Contested Divorce: A contested divorce refers to a divorce where the two spouses do not agree on all the terms or matters related to their separation. Disagreements can be regarding the division of property, child custody, or child support. Contested divorces will usually involve a lot of negotiation, a lot of back and forth, and more expensive and prolonged litigation. 

Uncontested Divorce: In contrast to contested divorces, an uncontested divorce is when couples agree on all terms of the divorce. This might apply to couples that have no children, have grown children, or agree on the splitting of their property and assets. While some couples see uncontested as the most straightforward option, it’s not always easy to qualify for this. If there is even one issue that the couple disagrees with, the divorce is contested. 

Issues That Can Complicate Your Divorce Process 

The expediency of your divorce depends on several factors, and every case is different. So some of these issues may not apply to your case. Ask your divorce lawyer for specifics of your case.

 Two common setbacks and hurdles to finalizing a divorce include:

• Disagreements over property or assets. When there is unresolved conflict and the inability to come to an agreement on how to split the property and assets, many divorces will come to a standstill and be delayed. 
• Disagreements on children and custody rights. When divorces involve minor children, it is often one of the most contested aspects of the separation. 

Why You Should Hire a Divorce Lawyer

Divorce proceedings can get complicated. Any contested divorce will require some form of negotiation and communication with the other party, usually through their divorce lawyer. Due to emotional circumstances, it is difficult to do that without an attorney. A competent divorce lawyer will fight for your best interest, negotiate on your behalf, take care of the communication, and provide sound and objective legal advice to guide you towards the best resolution. 

If you have already been served divorce papers by your spouse’s attorney, acquiring legal representation is necessary and important. It means your spouse is already represented by a divorce lawyer. Proceeding without an attorney will be very difficult.  

Frequently Asked Questions About Divorce in Texas

While the specifics regarding divorce may vary depending on individual circumstances and facts of the case, below are some of the most commonly asked questions. 

How long does a divorce take in Texas?

People often want to get an idea of how long their proceedings will take. This, however, varies depending on individual facts and circumstances of the case. Some of the factors that come into play include the 60-day waiting period in Texas, negotiations, proceedings, and how quickly the final divorce hearing can be scheduled. 

Does Texas have at-fault divorces?

Yes, the state of Texas can grant a divorce based on an at-fault basis. Charges for at-fault divorces include adultery, cruelty, abandonment, or addiction to drugs or alcohol. 

Do I have to establish fault before I get a divorce in Texas?

No. It is possible to file a no-fault divorce. This is most commonly referred to as ‘irreconcilable differences.’ This means that the couple agrees that the marriage is broken beyond repair and there is no one necessarily ‘at fault.’

Contact Joseph & Hartshorn, Today

Have more questions? The law office of Joseph & Hartshorn is here to help you with your divorce. Regardless of your case, speaking with a divorce lawyer will ensure you are prepared and informed about the best route to take. Call us today.