The Divorce Process in El Paso, Texas: From Beginning to End

Filing a Divorce Suit in El Paso, Texas - Part 1

A divorce is a lawsuit. Like any lawsuit, the person getting sued is entitled to due process. That means that he or she has to be served with written notice of the suit by a disinterested third party.

Written notice consists of the divorce petition and the citation. The petition is the document that your divorce lawyer drafts and files with the El Paso District Clerk. Once the petition is filed with the clerk, your divorce is "on file." The El Paso District Clerk charges a filing fee that can range from $212 to $243, depending upon whether children are involved in the case. Click here to see an example of a divorce petition.

Your divorce lawyer will also charge you $8 for the citation. If you have ever received a speeding ticket, you know what a citation is. It is the ticket that the police officer hands you, telling you what you have been charged with and what your court date is. A citation in a divorce case serves the same purpose. Click here to see an example of a citation.

It will take the El Paso District Clerk several days to prepare your citation. Once it is prepared, your divorce lawyer will hire a process server to serve the citation and a copy of the divorce petition on your spouse. If your spouse can be located, the process server will hand the documents to him or her personally. If your spouse cannot be located, your divorce lawyer will have to file a motion with the court to get an order for substituted service.

Of course, if your spouse chooses to waive service of the divorce papers, then he or she can sign a waiver. Because divorce can be such an emotionally charged activity, people are sometimes reluctant to sign waivers of service. Click here for an example of the language that El Paso divorce lawyers typically use in waivers.

Jim K. Jopling
Attorney at Law
747 East San Antonio, Suite 103
El Paso, Texas 79912

(915) 541-6099

Toll Free Facsimile:
(866) 864-6854