DIVORCE
Home / Divorce
Schedule a consultation
Divorce Lawyer in El Paso, TX to Help You Navigate Your Divorce
We understand the process of filing divorce can be exhausting and complicated, our divorce lawyers in El Paso, TX, can provide you with the support, strategy, and help you need to navigate your divorce. We’ve helped our clients through the difficult times associated with divorce for over 15 years, and we’re ready to help you too.
To talk with a trusted El Paso divorce lawyer, contact Laine Law today.



El Paso Family Law Attorney Handling Legal Issues Including:
OUR LEGAL PRACTICE AREAS
Why Clients Choose Us to Guide Them Through Their Divorce
Why Clients Choose Us to Guide Them Through Their Divorce
Laine Law in El Paso, TX, specializes in the intricacies of divorces involving children. Our team is dedicated to helping you achieve the best outcome for you and your children. If you’re looking for a divorce lawyer to work closely with you throughout the process, you’ve come to the right place.
To talk with one of our experienced divorce lawyers in El Paso, TX, contact us today.
How Does the Divorce Process Work in Texas?
How Does the Divorce Process Work in Texas?
Below is a timeline for the divorce process in Texas:
Filing the divorce petition is the first part of the process of divorce in Texas. Your petition is a formal request to dissolve your marriage and needs to have your requests for the separation of your marital assets, child support, custody, and alimony. There is no specified time that you need to be together with your spouse before you can file for divorce, but you must be a Texas resident for at least six months and a resident of the county in which you’re filing your petition in for the previous 90 days. You, the petitioner, will need to work with a divorce lawyer to compile a proper petition during this time.
There is a filing fee that ranges between $150-$300, depending on your county. In addition, there will be associated court fees for your divorce case. If you cannot pay these fees, you may apply for a fee waiver.
After your petition has been filed, there is a mandatory waiting period of 60 days which starts the day after the petition has been filed. Almost all divorce cases have to wait for 60 days, but there are exceptions to this waiting period to accommodate family violence cases. While 60 days in the mandatory waiting time, a divorce case can take upwards of six months to reach court, if not longer.
During the mandatory waiting period, your spouse, referred to as the respondent, must be notified of the petition and has to respond to it accordingly. Once the petition is received by the respondent, they have 20-28 days to respond to the petition. This response includes accepting your demands, stating to contest the demands, or requesting an extension to achieve an agreement in another way.
If the respondent decides to contest the demands outlined in your divorce petition, there is a period in which you and your spouse will collect evidence to provide reasoning for your claims in court. This can take months to years to complete before a court appearance. If the divorce looks like it may take longer than expected, the judge may apply temporary orders to your spouse. These orders consist of temporary child custody, visitation, child support , and spousal maintenance, temporary exclusive use of property, payments of debt upon other orders that may be necessary for the protection of the parties or preservation of property.
The last step of the divorce process is the hearing. In the divorce hearing, a judge will look over the requests, evidence, and other factors for your divorce. Once the judge has completed their review, they will make a final decision regarding the specifics of your divorce, such as spousal maintenance, child support and custody, visitation, and the separation of assets.
FAQs About Divorce in Texas
How Long Does it Take to Get a Divorce in Texas?
A Texas divorce case will take, at a minimum, 61 days to finalize due to the 60 day waiting period. However, a typical divorce case in Texas will take anywhere from six months to a year to finalize, depending on factors like child support, child custody, and the separation of assets.
Can the 60 day waiting period for divorce in Texas be waived?
No, the 60 day waiting period for divorce in Texas cannot be waived, but it can be expedited under two circumstances:
- In cases of family violence in which a spouse has been convicted or received deferred adjudication.
- A spouse has an active protective order against the other spouse, usually in regards to family violence.
While the 60 day waiting period cannot be outright waived, these exemptions allow the court to finalize the divorce in less than 60 days.
What happens at a divorce hearing in Texas?
At a divorce hearing in Texas, the judge will review the requests of both spouses. After which, they will make a final decision to finalize the divorce.
Can you get a divorce without going to court in Texas?
Yes, you can get a divorce in Texas without going to court. This is called an Uncontested Divorce and involves agreement from both spouses on all divorce-related issues. There must be a signed agreement, recognizing the agreement from both parties, to skip the trial before a judge. There are complications for custody cases, but if the court has already ruled regarding custody and child support, there can be an uncontested divorce to expedite the process if there are no objections.