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FAQs About Divorce in El Paso: What You Need to Know 

Close up of decisive woman take off wedding ring make decision breaking up with husband, young female remove engagement jewelry having relationships problems filing for divorce or annulment

Terminating a marriage may seem like a relatively straightforward process. However, because of people’s unique circumstances, financial ties, property, and children, the process becomes more complicated. Certain situations such as family violence and adultery further complicate matters.

As you navigate the difficult moments of dealing with a divorce, you likely want to have answers to your questions right away. Here are some of the most commonly asked questions about divorce in El Paso.

Are you facing a divorce in El Paso, TX? Call Joseph & Hartshorn for legal counsel — (915) 800-0911

How Do I Get the Divorce Process Started in Texas?

Before a divorce process can legally begin, a Petition for Divorce must be filed with your local court clerk. People can file for a divorce with an attorney or without an attorney if they choose. First, the petition is filed, and then it is sent to the other spouse. The other party has a certain amount of time to respond to the petition. As you file the petition, it will be assigned a case number. Once you have a response from your spouse or the time limit to respond lapses, the moving party may request various types of hearings. 

Is Texas a No-Fault State for Divorce? 

In Texas, a person can file for divorce and cite “insupportability” as the main reason. That’s not the only option in the state, however. A person can also file for divorce based on different grounds. Your divorce attorney can advise you as to which best fits your circumstances. Sometimes, your attorney may advise a no-fault divorce regardless because the process is less intrusive and more straightforward. 

What are the Grounds for Divorce in Texas? 

The grounds for divorce can be broken down into at-fault grounds or no-fault grounds. The difference basically suggests whether the dissolution of the marriage was the fault of one person or whether it was a type of irreconcilable difference or circumstance where one party was not at fault. 

No-fault grounds include the following:

  • Insupportability
  • Living apart
  • Confinement in a mental hospital

A spouse files an at-fault divorce when one person’s actions cause the breakdown of the marriage. In this scenario the party determined not at-fault can request a disproportionate share of the marital estate and more rights related to child custody. At-fault grounds include the following:

  • Cruelty: This is simply defined as cruel treatment from one spouse to another. 
  • Adultery: If one spouse can prove that the other cheated on them, then it becomes grounds for divorce. 
  • Felony conviction: If one spouse receives a felony conviction, it can be grounds for divorce. 
  • Abandonment: When citing abandonment, the spouse should prove that the other spouse left voluntarily and the period of their absence should be at least one year.  

When filing an at-fault divorce, the spouse who cites the grounds must prove to the court that the grounds for an at-fault divorce actually happened. 

What are the Residency Requirements to File a Divorce in Texas?

There are residency requirements for filing for divorce in Texas. The requirements state that you or your spouse must have lived in Texas for at least six months prior to filing and lived in the county where you are filing at least 90 days prior to filing. 

How Long Will a Divorce Take? 

In most cases, a divorce will take at least 60 days. The timeline starts on the date that you filed your original Petition for Divorce. There are two exceptions to waiting at least 60 days, and these include if one spouse is convicted of a crime or if there is a protective order involved. 

What If My Spouse Already Filed For Divorce? 

If your spouse filed for divorce and you don’t answer, it’s possible that they finalize the divorce without you. Legally, this is referred to as a default judgment. If this happens, you might not get any say on any of the issues of the divorce including but not limited to child custody and division of property. 

What Happens if I’m Afraid of My Spouse? 

If there is tension between you and your spouse, divorce can be even more uncomfortable. There are resources you can take to protect yourself and your children if you think your (or their) safety is in jeopardy. There is a National Domestic Violence 24 Hour Hotline. In an emergency, don’t hesitate to call 911. 

Are You Facing a Divorce in Texas? Call an Attorney That Walks You Through the Process

Even uncontested divorces get complicated. If you’re facing a divorce in Texas, you need trusted legal counsel to walk you through the bumps along the road. Do you have questions about your situation?

Call Joseph & Hartshorn today and set up an appointment with our team — (915) 800-0911

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