Legal Separation In Texas

Unfortunately, legal separation is not available in Texas. So, people looking to end their marriage follow the procedure of Divorce according to Texas law. However, some temporary arrangements for legal separation in Texas can be made on the advice of the court. Couples can live apart after getting orders from the court during the divorce process.

This temporary arrangement includes many things. These are given below.

  1. Property Division
  2. Child Custody
  3. Child Support
  4. Spousal support

Courts help the couples to make an amicable settlement that is good for the family. If this agreement is fair and acceptable for both spouses, then the judge will approve this legal settlement and incorporate it in the final judgment divorce process.

Texas rules and regulations do not favour any type of legal separation, either formal or informal. A couple remains married until the Divorce. Court considers any acquired asset as belongs to both spouses equally. So, if someone chooses informal legal separation in Texas to separate without Divorce, then you must know that informal agreement for separation does not protect your rights as Divorce.

A divorce case in Texas includes two legal cases to be settled down simultaneously. These are 

  1. Suit affecting parent-child relationship” is a special request that can be filed by couples who have children. According to this court can decide about child custody/visitation/support etc., without pending Divorce. If you want any change in the parenting plan finalized by the court, then you will need to request the court for modification. Texas law states that if one spouse files a suit affecting parent relationship and other files for Divorce, the court will combine these two requests into a divorce proceeding. 
  2. Community property division. Another option is to draft a partition and exchange agreement. According to this agreement/contract, both parties can transfer their marital properties to each spouse. It means this will enable each spouse to own separate property. This is beneficial for you in terms that the court will not divide this property listed in the agreement if you file a divorce later. On the other hand, you must take this point also into consideration that if you decide to reconcile in the future, then remember to amend or modify this agreement. This can be helpful because if your spouse dies after reconciliation and you didn’t amend the agreement, then the rule will not transfer your spouse’s property automatically to you. In this case, the court will transfer this asset to your spouse’s heir. 

If any one of the above-mentioned cases is selected by you or your spouse, then Texas law states that you are still married. Texas law does not allow any legal separation agreement and property partition agreement. Although such agreements are not signed by the judges but even then still be considered enforceable contracts. 

Help from a family attorney can be beneficial if you and your spouse are not looking for Divorce but the only separation. To get online support and guideline, contact   

What Is A Legal Separation in Texas?

Both Divorce and legal separation in Texas are similar in the sense that all assets are divided between both spouses. This includes all property, either owned or acquired during the marriage. Child custody, their support, visitation, and spouse support are also taken into consideration. It is important to note that none of the spouses is eligible for remarry after legal separation because legal separation is selected on the ground when religion does not allow Divorce or on the medical insurance ground. After all, one spouse is dependent on the other’s medical insurance.

Difference Between Divorce and legal Separation

If the differences between you and your spouse have reached to a point where living together is not possible or painful, then legal separation and Divorce is the option available. 

Divorce in Texas

You can end or terminate the marriage by a legal method called Divorce. This process can be initiated by either spouse by filing a petition in the court. Divorce process couples make an agreement about child custody/support/visitation, spouse support, and property division before attending the judge’s office. The judge can help to resolve any issues with which you disagree. When the divorce process ends, the court ends your family life, and both spouses can spend their independent life.

Legal separation in Texas

Legal separation is like Divorce, but in the end, both spouses are legally married despite living apart. Legal separation includes the same divorce-related points, but Divorce ends with the end of the marriage. After the legal separation, if any one of the spouses wants to get married, then first of all request for Divorce should be submitted in court.

Why Do Some People Prefer Legal Separation If Both Same?

Some people prefer legal separation in Texas because legal separation can give them

  • A chance of getting marital counselling
  • They can live apart and think about the best family plan.
  • Separation can help you to preserve your interest like social security plan by remaining apart from your spouse.
  • You can continue employer-sponsored health coverage for your spouse provided you have not terminated in the separation agreement.
  • Separation can be the best option for those where religion does not allow Divorce. 
  • A separation is also a good option if there are social and moral objections for the spouse.

Trial Separation

For many couples, legal separation or Divorce can be painful when discussing with someone or a lawyer. Due to this, you don’t get help from the court. Now the only option that remains is to participate in a trial separation. In trial separation, souses live apart from each other for a certain period of time. People go for trial separation because

  1. To reassess the state of their marriage
  2. To determine the next plan

In the trial separation, both partners make a verbal agreement bout child custody/support/visitation, etc., without the involvement of the court. If you reconcile, then okay, otherwise take the decision to file a divorce or legal contract for property division and parent plan.

Separation Agreement

A separation agreement includes signing a contract by both parties and judges. It is to prepare or memorialize a couple for Divorce because Texas law does not support separation. 

To get help or support for the Legal Separation in Texas or Divorce in Texas, you can contact us.

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