Divorce

Experienced Divorce Attorney in El Paso

Divorce is one of the most difficult and consequential legal processes a person can go through. The decisions made during your divorce will shape your financial future, your relationship with your children, and the next chapter of your life. At the office of Richard Deck, Attorney & Counselor at Law, PLLC, we guide El Paso clients through every stage of the divorce process with the empathy, clarity, and personal attention each case deserves. Call (915) 532-1122 to tell us about your situation.

What a Divorce Lawyer Can Do for You

A Texas divorce does more than legally end a marriage. Depending on your situation, you will need a divorce attorney to help you address:

How these issues are resolved and how long the process takes depend largely on whether your divorce is contested or uncontested.

Uncontested Divorce

An uncontested divorce is one where both parties have reached a full agreement on all terms before or shortly after filing. This includes property division, custody arrangements, child support, and any spousal maintenance. Because there are no disputed issues for the court to resolve, uncontested divorces tend to move more quickly and at lower cost than contested cases.

Even in an uncontested divorce, however, having an attorney review and finalize your agreement is strongly advisable. Errors in a divorce decree, particularly around property division or conservatorship, can be difficult and expensive to correct after the fact. Richard Deck, Attorney & Counselor at Law, PLLC, ensures that your agreement is properly drafted, legally enforceable, and fully protective of your rights before it becomes a court order.

Contested Divorce

A contested divorce is one where the parties cannot agree on one or more key issues. Disagreements over the family home, retirement accounts, business interests, child custody, or spousal support are common sources of conflict. In these cases, the court will ultimately decide any issues the parties cannot resolve through negotiation or mediation.

Contested divorces require careful preparation, strong advocacy, and an attorney who is ready to take the case to trial if necessary. Richard Deck, Attorney & Counselor at Law, PLLC, represents clients throughout the full range of contested divorce proceedings, from initial filings and temporary orders through discovery, negotiation, mediation, and, when needed, trial.

Legal Separation

Texas does not recognize legal separation the way many other states do. There is no legal status in Texas that falls between “married” and “divorced.” This means that simply living apart from your spouse does not create any automatic legal protections regarding property, debt, or parental rights.

However, couples who are separated while a divorce is pending can seek temporary orders from the court to address pressing issues in the interim. Temporary orders can:

These orders remain in effect until the divorce is finalized or the court modifies them.

Annulment

An annulment is a legal declaration that essentially states that the marriage was invalid from the beginning. Unlike a divorce, which ends a valid marriage, an annulment treats the marriage as though it never legally existed. In Texas, annulments are only available in specific circumstances defined by law, including marriages involving:

Annulments are not granted simply because a marriage was short or because both parties agree they want one. The party seeking the annulment must demonstrate that one of the qualifying grounds actually applies. If you believe your marriage may qualify for annulment, our divorce attorney can evaluate your situation and advise you on the appropriate path forward.

Why Choose Richard Deck for Your Divorce

Many divorces settle without going to court. Richard Deck, Attorney & Counselor at Law, PLLC, prepares every case as though it may go to trial, which puts clients in the strongest possible negotiating position and ensures they are never caught off guard.

That said, Richard Deck is also a Certified Mediator. This means he understands how to use the mediation process effectively on behalf of his clients. When both parties are open to it, this approach can resolve contested issues faster and with less conflict than litigation.

Divorce Attorney in office with a client

Frequently Asked Questions

How long does a divorce take in Texas?

Texas imposes a mandatory 60-day waiting period from the date the divorce petition is filed before a divorce can be finalized. An uncontested divorce where all terms are already agreed upon can sometimes be finalized shortly after that window closes. On the other hand, contested divorces involving property disputes, custody disagreements, or complex financial matters often take significantly longer, sometimes many months.

Does Texas require a separation period before filing for divorce?

No. Texas does not recognize legal separation and has no separation requirement before filing for divorce. You are considered legally married until the divorce is finalized. In situations where spouses are living apart while the case is pending, temporary orders can be put in place to address custody, support, and use of property in the interim.

What are the grounds for divorce in Texas?

Texas allows no-fault divorce on the grounds of insupportability, meaning the marriage has become unsupportable due to conflict or discord with no reasonable expectation of reconciliation. Fault-based grounds such as adultery, cruelty, abandonment, and felony conviction are also available and can influence property division and other terms of the divorce.

How is property divided in a Texas divorce?

Texas courts divide community property in a manner that is “just and right,” taking into account factors such as each spouse’s earning capacity, fault in the breakup of the marriage, health, and the needs of any children. This does not automatically mean an equal split — the court has discretion based on the circumstances.

Can I modify the divorce decree after it is finalized?

Certain provisions of a divorce decree can be modified after finalization. Child support and conservatorship orders can be modified if there has been a material and substantial change in circumstances. Property division, however, is generally final once the divorce is decreed and cannot be revisited absent specific legal grounds such as fraud.

 

Speak with an El Paso Divorce Attorney Today

Whether your divorce is straightforward or deeply contested, having the right attorney makes a difference. Call (915) 532-1122 or contact us via form below to schedule a consultation with Attorney & Counselor at Law, PLLC.