Getting a divorce in El Paso

Westernmost county in Texas offers helpful information

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Addressing domestic violence first

Experts advise that if domestic violence is a factor in your situation, you should address that first. A compatible, experienced attorney can help with such issues. Online resources include:

Consider counseling

Also, don’t overlook your emotional and psychological needs: professional counseling can be of great service during the often profoundly draining and disturbing process of divorce. Even when both partners agree the divorce is necessary, the grief can feel very much like a death in the family. Again, a good attorney can help with references.

The need for an attorney

El Paso County authorities caution that “Many people seek a divorce without hiring an attorney, but the Family Law Information Center (‘FLIC’) strongly suggests that at some time during the divorce process you consult with an attorney even if you cannot afford to hire one to completely handle your divorce for you .”

And from elsewhere on the same page: “Family law is extremely complicated and it is always best to seek the help of an experienced attorney. For example, the division of property in a divorce decree is generally final and cannot be changed. For this and many other reasons we strongly recommend that the person going through a divorce consult with an attorney at some point during the process.”

Residency requirements

As elsewhere in Texas, one spouse must have lived in the state for at least six months and in the county where you are filing for at least 90 days.

District Clerk’s office

“To file an original petition for divorce you go to the District Clerk’s office (first floor of the El Paso County Courthouse, room 103), unless you hire a private process server.

“If you need to schedule a hearing you go to the individual court to which your case is assigned. Your case will be assigned to a Family Law District Court by the District Clerk’s Office when you file your divorce petition. Different District Courts have different procedures for scheduling hearings.”

The clerk’s office can also help with info about uncontested divorce hearings and child support notification forms.

Filing Fees & Court Costs

Unless you file a “pauper’s oath” stating that you truly cannot afford to pay the fees, there is a filing fee of between $166 and $189, depending on whether or not you have children and whether or not you need a Citation prepared by the clerk.

If you hire a private process server there will be an additional fee of between $45 and $65.

If you need the Sheriff to serve the papers for you it is a minimum of $83.

If you wish to have the DRO prepare a Withholding Order for you there is a $30 fee.

There is also a $30 fee to have a Withholding Order issued to an employer.

If your divorce decree includes provisions for child support of any kind there is a $36 annual service fee due from each parent to the El Paso County DRO until the youngest child is 18 years old.

Free evaluation

We can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

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