Legal Separation? There’s No Such Thing in Texas [2023]

From time to time, our lawyers receive inquiries from couples who wish to “legally separate” without going through a divorce. They often have valid reasons for seeking this type of dissolution of their marriage. However, in Texas, legal separation is not recognized as an option. According to the law, you are either divorced or still married.

In this article, our divorce attorneys in Fort Worth will explain the concept of legal separation, why some couples find it appealing, and why a separation agreement might be a good alternative to divorce.

Understanding Legal Separation

Legal separation refers to the formal process of a married couple living apart without dissolving their marriage. Unlike divorce, the couple remains legally married but lives separately without the obligations of a marital relationship. While legal separation is acknowledged in some states, it is not recognized in Texas.

Reasons for Opting for Legal Separation Instead of Divorce

Although each couple’s situation is unique, there are several reasons why Texas couples may choose legal separation over divorce. Here are five common explanations:

1. Trial Separation: Some couples decide to take time apart to evaluate whether they should continue their relationship or end it. Legal separation can provide a trial period during which they can live separately, work on their issues, and determine if staying together is the right choice.

2. Religious or Personal Beliefs: Many couples have religious, cultural, or personal beliefs that discourage divorce. Legal separation allows them to live separately while remaining married, thus avoiding conflicts with their beliefs.

3. Financial Reasons: Financial protection may be a deciding factor for some couples. By legally separating instead of divorcing, they can still file joint tax returns, potentially resulting in lower taxes. Additionally, remaining married can maintain certain benefits, such as health insurance coverage.

4. Child Support: Couples may choose legal separation to circumvent the implications of child support and child custody. They may prefer to have an informal agreement rather than court-ordered arrangements.

5. Immigration Issues: Some couples opt to stay married but live separately due to immigration consequences. If one spouse is undocumented, divorce could lead to deportation.

Informal Separation in Texas

Although Texas does not recognize legal separation, married couples are within their rights to live apart. Couples who wish to lead separate lives while still being legally married can do so. It is advisable, however, to consult an experienced family law attorney before entering into this type of arrangement.

Duration of Separation in Texas

In Texas, a couple can remain separated indefinitely. It is not uncommon for couples to live apart for extended periods, sometimes lasting five, ten, or even fifteen years. However, the marriage is not officially terminated until a divorce is finalized or one spouse passes away.

Alternatives to Legal Separation in Texas

Despite the absence of legal separation in Texas, there are alternatives that can provide similar outcomes. These include separation agreements, temporary orders, protective orders, and Suits Affecting the Parent-Child Relationship (SAPCR).

A skilled divorce attorney in Fort Worth at Varghese Summersett Family Law Group can evaluate your unique circumstances and recommend the most suitable options to protect your rights during separation or before finalizing a divorce.

Understanding Separation Agreements

Although Texas does not recognize “legal separation,” couples can still create a separation agreement should they choose to live separate lives. A separation agreement is a contract that outlines the terms of the separation, including child custody, visitation, support, and property division.

Both parties should sign the agreement, and ideally, it should be approved by a judge. It is crucial to have a family law attorney with experience in drafting such agreements. Family matters are complex and should not be handled without professional guidance.

Pros and Cons of Separation

Separation offers certain advantages for some couples, such as living independently while still being legally married, protecting financial interests, and the possibility of reconciliation. However, there are also drawbacks, including the emotional toll of living apart, limited legal protections, and the inability to marry someone else.

If you and your spouse are contemplating separation, it is important to consult an experienced family law attorney. They can explain all of your options under Texas law and guide you through the process, ensuring that you avoid any unnecessary mistakes or complications in the future.

Don’t Want to Live With Your Spouse? We Can Assist You.

Although legal separation is not recognized in Texas, our family law attorneys can help you find a solution that meets your needs while safeguarding your rights. Separation can be a complex and emotionally challenging process, but you don’t have to face it alone.

Our team is dedicated to supporting you through this uncharted territory by providing you with the necessary tools and information to make informed decisions and move forward with your life. Our goal is to minimize stress and legal complications during this difficult time. Contact Varghese Summersett Family Law Group today at 817-900-3220 to schedule a consultation. We serve clients in Fort Worth and the surrounding areas.