When both spouses have decided the marriage is over and can agree on how to divide what they own and how to care for their children, an uncontested divorce is the quickest, least expensive and least painful way to make it official in El Paso. Many of our clients have already separated, split the furniture and worked out a schedule for the kids; what they need is a lawyer who puts that agreement into a Final Decree of Divorce that an El Paso County family district judge will sign and that banks, title companies and the Attorney General's child support division will honor for years to come.
Texas divorce is governed by Texas Family Code Chapter 6. To file in El Paso County, one spouse must have lived in Texas for the last six months and in El Paso County for the last 90 days under section 6.301; active-duty service members stationed at Fort Bliss generally satisfy this rule under section 6.303. Section 6.702 imposes a 60-day waiting period from the date the Original Petition is filed before the judge can grant the divorce, with narrow exceptions for family violence. Most agreed divorces plead insupportability under section 6.001, the no-fault ground. If there are children, the decree must also contain conservatorship, possession and child support terms consistent with Chapters 153 and 154.
Robert Navar represents one spouse, drafts the Original Petition and the agreed Final Decree, obtains the other spouse's signature and Waiver of Service, and files everything with the El Paso County District Clerk. After the 60 days run, we set a short prove-up hearing, which the El Paso family courts routinely conduct by Zoom; you answer a handful of questions we have rehearsed and the judge signs. Free online forms miss things El Paso judges expect, such as retirement division language, the standard possession order for a child, or the clause restoring a maiden name, and a defective decree can cost far more to fix later than a flat fee costs now.
What makes a divorce truly uncontested
Uncontested does not mean the spouses like each other; it means they agree on every term the decree must cover. That includes who keeps the house or apartment lease, how vehicles, bank accounts, retirement plans and debts are divided, whether either spouse pays spousal maintenance, and, with children, who is the primary conservator, the possession schedule, child support under the Chapter 154 guidelines, and medical and dental support. Texas is a community property state, so the judge must find the division just and right, but the court gives wide deference to an agreement both spouses sign.
Because we represent only one spouse, the other spouse is free to have the decree reviewed by their own lawyer. Many do not, but the waiver they sign makes that choice clear. If real disagreement surfaces during drafting, we tell you right away rather than filing a decree that will fall apart at the hearing.
El Paso County courts, costs and timeline
Divorces filed with the El Paso County District Clerk are assigned to one of the family district courts, such as the 65th, 383rd or 388th, at the courthouse at 500 E. San Antonio Avenue. Each court keeps an uncontested prove-up docket, and most now accept Zoom appearances for agreed divorces. Parents of minor children are typically required to complete a co-parenting class before the decree is signed, and cases with children usually need a separate child support order and an income withholding order. The filing fee is paid to the District Clerk and is itemized on your written quote.
What's included
- Consultation to confirm residency, identify every asset, debt and child issue, and quote a flat fee
- Original Petition for Divorce drafted and filed with the El Paso County District Clerk
- Waiver of Service prepared for the other spouse to sign before a notary
- Agreed Final Decree of Divorce covering property, debts, retirement and, if needed, conservatorship, possession and child support
- Child support and income withholding orders where children are involved
- Prove-up hearing set and attended with you, usually by Zoom, after the 60-day waiting period
- Certified copy of the signed decree and instructions for deeds, vehicle titles and a name restoration
How it works
Agreement into paperwork
We meet, confirm you meet the Texas and El Paso County residency rules, and turn your agreement into an Original Petition and a draft Final Decree. Your spouse reviews and signs the decree and a notarized Waiver of Service.
Filing and the 60-day wait
We file with the El Paso County District Clerk, which starts the 60-day clock under Family Code section 6.702. During the wait we finalize any child support calculations and, if needed, you complete the parenting class the court requires.
Zoom prove-up and final decree
On day 61 or the court's next available date, you appear by Zoom for a few minutes of testimony. The judge signs the Final Decree, we obtain certified copies, and you are legally divorced.