Legal Separation – Texas Family Law

Can I get a legal separation instead of a divorce in TEXAS?

Texas does not recognize legal separation as a distinct legal status. In Texas, couples who wish to live apart and address issues such as property division, child custody, and support usually choose to pursue a divorce or an informal separation agreement.

Divorce VS Separation Agreement in Texas

Divorce: In Texas, a divorce, also known as a “dissolution of marriage,” is the legal process to end a marriage. To obtain a divorce in Texas, one spouse must file a petition with the court and meet the residency requirements. 

Since Texas is a “no-fault” divorce state, a spouse can seek a divorce without alleging any wrongdoing. If couples cannot come to an agreement through mediation, the court will decide on issues like property division, child custody, and child support based on the best interest of the child/children and the equitable division of assets.   

Separation Aggreement – Texas Family Law

Informal Separation Agreement: In Texas, informal separation agreements are often called postnuptual agreements. If a couple wishes to live apart but does not want to pursue a divorce, they can enter into an informal separation agreement. 

This agreement is a private contract between the spouses that outlines how they will address issues such as property, debts, child custody, and support while living separately. Although not legally required, it is advisable to consult an attorney to ensure the agreement is fair and enforceable

It’s important to note that laws can change over time, so it’s recommended to consult with a qualified family law attorney in Texas to obtain the most up-to-date and accurate information regarding legal separation or any family law matters.

You Still Have Options – We Can Help

In conclusion, Texas law does not recognize legal separation. However, options are available to provide visitation, financial support, and property orders without getting a divorce, or before the divorce is finalized.

  • Temporary orders
  • Protective orders
  • Suits affecting the parent-child relationship
  • Separation agreements (Post-nuptial agreements)
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Contact Family Law Attorney John Nix for a Free Consultation

John Nix is an experienced Family Law Attorney in Sherman, Texas. Whether you need a divorce lawyer or representation during a child custody battle, our law firm can handle a wide range of cases, including:

  • Separations and divorce
  • Domestic violence
  • Child custody
  • Child support
  • Adoption cases