What is Legal Separation?
Legal separation is an entity that exists between marriage and divorce. It is often a prelude or an alternative to divorce and typically involves a husband and wife living in separate residences. In many cases, a legal separation can offer the same advantages and protections when it comes to issues of debt division and child custody.
The state of Texas does not recognize legal separation as there is no definitive statute for it. However, a contractual separation agreement does exist for interested couples in the form of a divorce petition containing temporary orders. Such an arrangement, also known as a property partition, can be drafted without a judge’s signature, enforceable only as a contract. For many couples who are moving toward divorce, a property partition containing provisions for child custody and support, debt division, and asset control can serve as a helpful intermediary step.
What Are the Benefits of a Separation Agreement?
The advantages of pursuing a separation agreement in Texas are both emotional and economic. Separation can provide families with financial benefits that include the following:
- Retention of Social Security and family health insurance coverage
- Rightful division of property and debts accumulated during marriage
- Tax breaks, depending on the couple’s financial situation
Separation may also be the best option for those couples who—
- Need time apart but maintain hope that their differences can be reconciled and their marriage mended
- Are religiously opposed to the idea of divorce
- Do not wish to live together while a divorce is being finalized
Texas Separation Attorney
While it may be possible to negotiate your own terms of separation, many couples engaged in the process of divorce find it difficult to reach agreement alone. Private issues and personal discord can translate into battles over custody, alimony, and child support. A Texas separation lawyer can serve as a mediator to help both parties find middle ground. The offices of an attorney may also be a more comfortable setting for negotiation than a shared living space.
While Texas law does not permit legal separation per se, an experienced separation attorney from The Duke Firm can explain your options and help you draft a contractual separation agreement that benefits both you and your spouse.
Contact Us
The Duke Firm offers qualified legal support in the following metro areas:
If you and your spouse are having marital problems, and you both feel that you want to separate without filing for divorce, call the Duke Firm today at 888-314-5720 for a free consultation, or complete our quick contact web form.
