Legal Separation
What is legal separation?
Sometimes a couple may choose to live apart and yet not begin divorce proceedings. When legally established, such an arrangement is called a legal separation and may be occur for any number of reasons, including financial considerations, hesitancy about pursuing a divorce, or even out of hope for reconciliation. Many states recognize legal separation Texas, however, does not.
Separation in Texas
Texas is a community property state, which means that when one spouse separates from the other he or she cannot claim legal control of what was considered shared property during the marriage. For example, if a husband moves out of the house, his salary does not become his separate earnings. The same applies to other shared property such as a house, cars, and land.
Since acquiring a legal separation is not possible, a person must file for a divorce in order to facilitate legal changes in all marital agreements in regard to property and other important areas like child support, custody, and alimony. However, after one spouse hires a divorce lawyer and legally files for divorce, he or she can ask the court for orders that may grant a temporary re-allotment of property. These court orders and the specific stipulations they guarantee may be issued while a divorce is pending.
Key points about legal separation in Texas:
Here are some important things to know about separation:
- Legal separation is not recognized in Texas.
- Spouses are still legally married during separation.
- Separated spouses do not have legal right to divide property or demand child support.
- A spouse may direct his or her lawyer to ask for a court order granting a temporary re-allotment of property and child custody during separation.
- Spouses cannot legally marry until a court grants a divorce.
Hiring a divorce lawyer in Grapevine
Being separated may provide a period of reflection and healing that helps bring a couple back together. However, if your separation leads to a permanent split and you decide to file for a divorce, hiring a lawyer is the best way to ensure the best outcome possible for you and your family. The family law firm of Branch & Tenorio has years of experience in the counties in and around the greater Dallas-Fort Worth area.
Contact Dallas-Fort Worth family law attorneys Branch & Tenorio
For a legal consultation or representation from the dedicated family law attorneys at Branch & Tenorio, contact us online or call us at 817-329-3800. Our offices are in Grapevine, Texas, easily accessible to clients throughout the greater Dallas-Fort Worth area.
