Legal Separation vs. Divorce in Texas is a subject that many couples have questions about when it comes to dissolving their marriage. Before you decide on a divorce, take some time to understand the legal jargon and educate yourself about the statutes to articulate what you would like to get out of the situation.
Ultimately, the decision to pursue legal separation or divorce is highly personal and should be discussed with an experienced family law attorney who can help couples understand the potential implications of either choice. Understanding the differences between legal separation and divorce in Texas is critical when making such a life-altering decision.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, elaborates on the two terms, which are often used interchangeably, however, have very different meanings. All case evaluations at Turner Monahan PLLC and suggestions that the attorneys make are in the light of Texas Family Law. This content is for educational purposes only.
There are two ways to end a marriage: divorce and legal separation. Both options offer spouses the opportunity to end the marital relationship and divide any assets or debts acquired during the marriage. However, there are important differences between the two options that should be considered when making a decision. In addition, it is crucial to know if the state that you reside in allows for such settlements.
What Is A Legal Separation?
Legal separation does not dissolve the marriage and is an alternative to divorce for couples who may not wish to end their marital relationship but need time apart from one another during the separation period.
During this period, couples can establish guidelines regarding child custody and visitation, child support and spousal support, as well as any other arrangements that affect both parties. The court will also divide marital assets and debts acquired during the marriage.
How Is A Divorce Different Than A Legal Separation?
In contrast to legal separation, divorce officially ends a marriage. Therefore, if a couple decides to pursue a divorce rather than legal separation, they must establish grounds (such as adultery or abandonment) to obtain a divorce. The court will also determine issues such as child custody and visitation, child support and spousal support, and asset and debt division.
Can You Get Legally Separated In The State Of Texas?
In the state of Texas, there is no recognition by the Texas Supreme Court and or the Texas family code of a “legal separation”. That’s because Texas looks at it as a contract.
So if you’re in a situation where you do not want to be married anymore, you must file for divorce because Texas looks at marriage as a contract. So, the only way for you to be able to sever that contractual relationship is to file a divorce.
Alternatives To Legal Separation In Texas
In Texas, a legal separation cannot be obtained in place of a divorce. However, there are alternatives that offer results akin to what you may consider a “legal separation.”
You can achieve many of the same objectives in the state of Texas as someone might seek in a supposedly legal separation by using the below orders. All of these choices are comparable to a legal separation because they allow for the establishment of visitation, monetary support, and property orders before or without a divorce.
Temporary orders
If a couple decides to separate before divorcing, setting up these orders can be useful, especially if children are involved. Temporary orders can specify who will pay for medical bills and health insurance for the child and establish temporary custody, visitation, and child support.
Partition and Exchange Agreements
Texas is a community property state, so if you live apart but remain married, all your possessions and debts are shared. Any independent property either party possessed prior to the marriage will remain the property of the individual party; however, such assets and debts will also be subject to division upon divorce.
The property would not be divided upon divorce if the couple had a partition agreement in place that allowed them to designate common property to each other as separate property. You should consult with a lawyer to learn about complications or risks associated with a partition agreement.
Here is what the Texas Family Code states in Chapter 4, Section 102:
PARTITION OR EXCHANGE OF COMMUNITY PROPERTY. At any time, the spouses may partition or exchange between themselves all or part of their community property, then existing or to be acquired, as the spouses may desire. Property or a property interest transferred to a spouse by a partition or exchange agreement becomes that spouse’s separate property. The partition or exchange of property may also provide that future earnings and income arising from the transferred property shall be the separate property of the owning spouse.
Read about why you need pre & post-nuptial agreements.
Protective orders
These orders help keep you safe when you are facing family violence or fearing your spouse will harm you or your children. They can also establish spousal and child support, who gets to remain in the marital residence, and who has to leave. They can be used to determine where your kids will live and who can see them.
The Texas Family Code elaborates on the “protective orders” in Chapter 85, Section 001:
Sec. 85.001. REQUIRED FINDINGS AND ORDERS.
(a) At the close of a hearing on an application for a protective order, the court shall find whether:
(1) family violence has occurred and
(2) family violence is likely to occur in the future.
(b) If the court finds that family violence has occurred and that family violence is likely to occur in the future, the court:
(1) shall render a protective order as provided by Section 85.022 applying only to a person found to have committed family violence; and
(2) may render a protective order as provided by Section 85.021 applying to both parties that is in the best interest of the person protected by the order or member of the family or household of the person protected by the order.
Suits affecting the parent-child relationship (SAPCR)
The lawsuit in Texas for addressing the needs of a child is known as the Suit Affecting the Parent-Child Relationship (SAPCR). A separate suit may not be necessary if the divorce is pending, and the SAPCR will be automatically filed.
If your child has been a resident of Texas for at least six months (or since birth), or if Texas is the child’s home state and the child hasn’t been out of the state for more than six months, you may file a SAPCR.
You can go through the detailed statutes by reading Chapter 102 of the Texas Family Code, which is dedicated to “The Parent-Child Relationship And The Suit Affecting The Parent-Child Relationship”.
It is crucial for all parties to have experienced legal representation when going through a divorce process in Texas, no matter what situation they find themselves in. This will ensure that they are aware of their rights and obligations under Texas law under all circumstances.
A qualified family law firm like Turner-Monahan PLLC can provide individuals with meaningful advice and ensure that their rights are protected throughout the process.
Hire An Experienced Texas Family Attorney
No one should have to go through a divorce alone, so having an experienced divorce lawyer on your side is key to ensuring a fair outcome for both parties. With their expertise and guidance, you can safely navigate the legal process of divorce with confidence. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “Does It Matter Who Files for Divorce First?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- How Long Does A Divorce Take To Get Through The Court System?
- Four Tips To Get Prepared For A Divorce Mediation?
- What Are My Chances Of Getting 50-50 Custody Of Our Child?
- What Is The Quickest Way To Prove Paternity And Get Custody Of My Child?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
