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.

Divorce Issues

Issues that must be resolved to finalize a divorce include property and debt division, child custody and visitation, child support, and, in some cases, spousal support. If spouses can agree on these matters independently or through mediation, they can present their agreed-upon terms to the court for approval. If they cannot agree, a judge will decide. 

Child Custody

A Texas court's paramount concern in deciding child custody, or conservatorship as it is known in Texas, is the child’s best interest. Factors considered include the child's emotional and physical needs, each parent's ability to promote a positive relationship between the child and the other parent, each parent's ability to provide for the child emotionally and physically, the proximity of parental households, the potential risk of child endangerment due to a history of family violence, and other considerations. 

The courts generally prefer joint custody arrangements where both parties share parental rights and responsibilities; this is viewed as the most beneficial to children.

Child Support

Texas child support is calculated based on the noncustodial parent’s net income. The state has established guidelines that outline a percentage of the noncustodial parent's income to be paid in child support based on the number of children the parent is obligated to support. 

For one child, it's 20% of the noncustodial parent's net resources, and it increases by 5% for each additional child, up to 40% for five children or more.