Thursday, November 13, 2014

Is there legal separation in the State of Texas?

What is separation in Texas?

There is no official legal separation in the state of Texas.  Couples wishing to legally separate from one another must seek a divorce.  In some instances, attorneys will work with couples to create an informal separation (called temporary orders) that allows them time apart, to seek counseling and restore their marriage.  However, this is not the same as a legal separation available in other states that require a couple to establish financial obligations, custody arrangements, property arrangements, and allocation of employment benefits with their spouse.  Many states acknowledge legal separation in much the same way they do an official divorce, but Texas does not allow for this.

When Texas couples want some form of separation, there are only a limited number of things that attorneys can do to protect each spouse.  Some seek a temporary binding legal document signed by a judge that is commonly known as temporary orders, which is a temporary division of property  and addresses important issues regarding their minor children.   This separates some or all financial affairs for a pre-determined allotment of time while a couple remains married.

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