Divorce Attorney in McAllen, TX

It can be difficult to process the idea of divorce when you remember how you felt when you married your spouse. There is simply no way you can deal with the ending of your marriage without letting emotions affect the process. The feelings you experience may be very similar to those common feelings of grief, including anger, depression, sadness, bargaining, guilt, denial, and acceptance. 

The fact is that emotions rarely coincide with the realities of the law. Straddling the divide can be a challenging prospect. That is why The Law Office of Aaron Fonseca builds bridges to support clients confronting divorce.  

As an experienced family law attorney, I proudly serve clients considering or beginning the divorce process in Edinburg, McAllen, and Mission, Texas, and throughout the Rio Grande Valley. If you need help protecting your best interests, let me help you navigate the process.  

Types of Divorce in Texas 

All divorces fall under one of two categories in Texas: contested and uncontested.  

Contested divorces are those where the couple cannot agree to the terms of divorce. For example, there are arguments related to the division of assets and debts, child custody and child support, and in longer marriages, the awarding of alimony or spousal support. Because the couple cannot agree on some or all of these issues, each will need to present their case in court and the judge will decide how these matters are handled.  

Uncontested divorces are those where the couple can agree on the terms. They or their respective attorneys can draft the divorce agreement which both sign and submit to the court for approval. Even if the couple agrees on the terms of their divorce, the court will review the agreement to make sure both parties are treated fairly under the law.  

Who Can File for Divorce in Texas?

Eligibility to divorce in Texas involves a residency requirement. At least one spouse must have been a resident of Texas for at least six months before filing a petition for dissolution in the appropriate court. Proving residence requires such evidence as a Texas driver’s license or vehicle or voter registration.  

What Are the Grounds for Filing a Texas Divorce?

Texas law provides that couples can choose between a fault and no-fault divorce. If you pursue a fault divorce, you must produce evidence that the other spouse committed one or more of five potential actions: 

1. Adultery 

2. Cruelty 

3. Abandonment 

4. Felony conviction  

5. Uncommon ground—which includes infertility, impotency, alcohol or drug abuse, failure to provide financial support, religious or culture differences, and homosexuality in heterosexual marriages.  

No-fault grounds for divorce in Texas include living apart for at least three years, the confinement of a spouse in a mental institution, or simply that the marriage is irretrievably broken or “insupportable.” 

How Long Does a Texas Divorce Take?

Nearly all of my clients ask me, “How long does it a divorce take in Texas?” There is no single answer other than, “It depends.”  

The law requires a waiting period of 60 days from filing for divorce in Texas before the court can issue a dissolution. Therefore, your divorce will take at least this long. The only exceptions to the 60-waiting period are for a spouse’s conviction for domestic or child abuse or if one spouse had a protective order issued during the marriage for domestic abuse.  

If the divorce is uncontested, it may take 60 to 90 days. However, if the divorce is contested, it can take months or even years before the court can order the dissolution.