Legal Separation in Texas
Some couples who experience marital conflict and want to take a step towards divorce may consider the option of a legal separation. In some states, legal separation is similar to a divorce in that the spouses no longer live together and may be able to divide assets and determine child support/custody requirements. This is a viable option for couples who may be apprehensive about going through a divorce or who believe future reconciliation may be possible. This classification can be a great intermediate step for a struggling couple in deciding the future of their relationship.
However, Texas does not recognize separation as a legal classification for a relationship. In Texas, you are either married or you are not (due to divorce, annulment or death). The state does provide some provisions that may make the divorce process easier, such as a no-fault divorce and temporary orders during proceedings, but technically, you are still married if you are “separated” in this state. To learn more about Texas laws regarding legal separation and divorce, contact the Houston divorce lawyers of Garg & Associates, P.C. at 281-210-0010 today.
Pros and Cons of Legal Separation
Legal Separation offers the following disadvantages in the state of Texas:
- Official, legal orders cannot be made regarding alimony, custody or division of property
- You cannot remarry if you are only “legally separated”
- If abuse is a factor in the marriage, the victims (spouse or child) may still be at risk
- If a spouse changes his or her mind regarding the terms of the separation, you may not have any protection under the law to refuse his or her request.
Whether you are considering a separation or divorce, the counsel of an experienced Texas divorce attorney can help you navigate this often-confusing, stressful process. Because each state has different laws regarding marital status and the dissolution of marriage, an attorney can help you understand your rights and the factors of your decision.
Contact Us
If you are considering a divorce or separation, contact the Houston divorce attorneys of Garg & Associates, P.C. at 281-210-0010 for a free initial consultation.
