How to file an agreed divorce with children in El Paso

El Paso, TX – The Lone Star state allows two types of divorces – based on no-fault or fault grounds. If both of you agree your marriage is broken and has become “insupportable” you can file for a no-fault uncontested divorce. However, if you have minor children, an uncontested divorce is called an agreed divorce. As the term indicates you’ll have to agree on the various issues concerning the minor children involved.

Filing for an agreed divorce with children

Before you can file for divorce, you and your spouse should reach out to experienced El Paso divorce lawyers to sort things out. Obviously, you’ll have to decide on the division of assets and allocation of debt, but if you have minor children custody will be the most sensitive issue.
You’ll have to determine two main issues:

• Legal custody – establishes who gets to make all the important decisions for the child.
• Physical custody – determines where the child will live.

What is a shared custody plan?

When you make arrangements for the children’s future keep in mind that, in 2021, Texas introduced the Equal Parenting Act, which grants ample visitation rights to the non-custodial parent.
If you cannot negotiate an agreement, the other parent can use this act to sue you.

The act was meant to ensure that a child can spend enough time with the non-custodial parent so they can build and maintain a meaningful relationship. This means the other parent can get one weekday overnight stay, plus extended weekend stays every other week. This applies to cases where the parents will continue to live no more than 50 miles apart.
If one of the parents will be moving further away or out of state, you’ll have to come up with a different visitation schedule as it would be tiresome and impractical for the child to move between the two houses several times a month.

Your El Paso child custody lawyers will advise you on the best options while making sure that your parenting plan is in keeping with state guidelines.

What about child support?

If you file for an agreed divorce you are free to settle the child support issue as you wish, provided that the child is well provided for. When you submit your parenting plan to the court, the judge will examine the financial situation of both parents to make sure the child support deal is fair to the child.
Also, keep in mind that child support and child custody are two different things. You cannot decide you don’t want child support based on the assumption that the other parent won’t have visitation rights under such an arrangement.
Under Texas law, the primary custodian cannot prevent the other parent from spending time with the kids even if they’re late on child support.

How long does an agreed divorce take?

Your attorneys will help you draft the parenting plan and fill in the necessary forms. In Texas, there is a 60-day waiting period before the divorce can be finalized. If the judge considers the child custody and support arrangements are fair, the divorce will be finalized at the court hearing. The procedure for requesting a final hearing varies across the state, so check with the El Paso court clerk in advance.