Uncontested Divorce in El Paso: Cost, Timeline & Process

If you and your spouse agree that the marriage is over and can agree on how to divide things, an uncontested divorce in El Paso is usually the fastest and least expensive way to finish.

For parents of a child with an intellectual or developmental disability, that change can be sudden and stressful. Guardianship is one way to keep making decisions on your adult child’s behalf, but it isn’t the only option. Here’s what Texas parents should know.

What Is Guardianship?

A guardianship is a court order that gives one person, the guardian, legal authority to make certain decisions for another adult, the ward, who cannot fully make those decisions on their own. In Texas there are two kinds:

• Guardianship of the person covers decisions like medical care and where the ward lives.

• Guardianship of the estate covers money and property.

Texas courts prefer a limited guardianship that covers only the decisions the person truly can’t make, over a full guardianship that removes all of their rights. The goal is to protect your child while preserving as much independence as possible.

Consider the Alternatives First

Texas law requires courts to consider less restrictive alternatives before granting a guardianship. Depending on your child’s abilities, options may include:

• Supported decision-making agreement. Your adult child keeps the right to decide but chooses trusted people to help them understand their options.

• Medical power of attorney and durable power of attorney. These work if your child has the capacity to sign them.

• Representative payee. This person manages Social Security or SSI benefits.

• Special needs trust. This holds assets without affecting eligibility for benefits.

These tools can work well for some families. For others, guardianship is the right fit.

How the Texas Guardianship Process Works

In El Paso County, guardianship cases are handled in probate court. The general steps are:

1. Medical evaluation. A physician examines your child and completes a certificate describing their capacity.

2. File the application with the court.

3. Court-appointed attorney. The court appoints an attorney to represent your child’s interests. Your child is personally served with notice.

4. Hearing. The judge reviews the evidence and decides whether a guardianship is needed and how broad it should be.

5. Qualify as guardian. After appointment, the guardian takes an oath and may need to post a bond. Many courts also require family guardians to complete a short training.

6. Ongoing reporting. Guardians file annual reports with the court.

   
   

When Should You Start?

Ideally before your child’s 18th birthday. Texas allows parents to begin the process in advance so there is less of a gap in authority. Starting early also gives you time to weigh alternatives and gather medical records without a deadline hanging over you.

Guardianship for Grandchildren and Minors

Guardianship isn’t only for adult children. Grandparents and other relatives sometimes need legal authority to care for a minor when the parents cannot. Depending on the situation, that may be handled through guardianship or through a custody (conservatorship) case in family court.

Talk Through Your Family’s Options

Every family’s situation is different. The right path depends on your child’s abilities, your family’s needs, and what you want their adult life to look like. Attorney Carlos Quiñonez is licensed in Texas and New Mexico and helps families in El Paso and Las Cruces with guardianship and family law matters. Hablamos español. Call (915) 533-0009 or send us a message to schedule a consultation, or learn more about our family law services.

This article is general information, not legal advice. Every case is different.