Choosing to Legally Separate

The Duke Firm, PC of Dallas understands that sometimes making the decision to divorce a long-time partner can be difficult, especially if there are children and other dependant family members involved. The divorce process and its associated property and debt laws can be daunting. At the Duke Firm, we have a sturdy foundation of knowledge in Texas divorce law and separation agreement practices. We are prepared to help guide you through the process to ensure the best outcome for you and your family, and we can provide assistance with the preparation of a separation agreement to streamline the process, and provide protection for all involved parties should a divorce become necessary.

The purpose of separating before filing for divorce is to allow both parties the opportunity to live separately and encourage the possibility of reconciliation. Both spouses may wish to seek marital and individual counseling to discuss or solve issues that have begun to cause the breakdown of their marriage. If you and your spouse separate, you may find that your feelings regarding the need for a divorce are confirmed rather than dispelled.

While the state of Texas does not officially recognize what is commonly referred to as legal separation, it is possible to arrange a “separation agreement” with your spouse. This agreement can allow you and your spouse to work out issues such as property and child custody prior to filing for divorce, and later be incorporated into your divorce petition and settlement. It also sets forth guidelines for issues such as alimony, name changes, and insurance and debt division.

Division of property in Dallas can be straightforward because Texas is known as a “community property” state. Unfortunately, it can also be that much more complicated. Generally, community property states regard all debts, income, and property acquired over the course of a marriage as jointly owned 50/50 by each spouse.  There are many variances, however, so it’s very important to seek sound legal advice from an experienced family law attorney.

Call the Duke Firm at 888-314-5720 of Dallas for a free legal consultation today if you are considering separating or filing divorce in Dallas from your spouse, or to seek advice on general divorce law in Texas. You can also fill out our web form for a prompt response.