Is Legal Separation In Texas Possible?I am frequently asked questions about a legal separation in Texas. The answer is simple. Texas has no legal separation. The only mechanism that Texas has for a legal separation is a divorce. Once a divorce is filed, then the court may make temporary orders concerning the parties, their property, support, their persons, their children, etc. Until a divorce is filed, a Texas court cannot enter any type of legal separation agreement between the parties. It is also my understanding that Florida law is very similar to Texas law, in that Florida does not have any type of legal separation. Many states have legal separations. These are processes whereby you go before a court, and the court makes certain rulings and decisions concerning the parties' rights, duties, and obligations while the parties are legally separated. There are many advantages to a legal separation including:
Informal Separations Since we have no legal separation in Texas, we frequently work out informal separations. Quite frankly, there are some parties that do need a period apart from each other, time to heal, time to go to counseling, and try to put their marriage back together. In many cases they are able to put their marriage back together. If the couple is really interested in putting their marriage back together, many times they are able to work out an informal legal separation without any intervention by attorneys. In other cases the parties' financial affairs are complex, and they frequently seek the assistance of an attorney to try to work out some type of informal legal separation. However, since Texas does not recognize any type of legal separation --- formal or informal, there are only a limited number of things that attorneys can do to protect the parties while they are separated. Separating Financial Affairs While Still Married Probably the most common mechanism is a "partition and exchange agreement" whereby the parties' property is divided between the parties, the division is set forth in a written partition and exchange agreement, and the written partition and exchange agreement is recorded in the official real property records of the county where the parties live. This effectively separates some or all of the parties' financial affairs while they remain married. Pros and Cons of Partition and Exchange Agreements I have seen couples that have had a partition and exchange agreement that's remained in effect for five, ten, fifteen years, or a lifetime --- all the while they remained legally married. Furthermore, one of the advantages of entering into a partition and exchange agreement is if the parties do subsequently divorce, the property that has been partitioned to a party is that party's separate property and the divorce court cannot take separate property away from a party. One of the disadvantages of a partition and exchange agreement is if the parties resume living together as husband and wife, and do not undo the partition and exchange agreement, then upon the subsequent divorce or death of the parties, they're frequently surprised to learn that the partition and exchange agreement is in full force and effect. In some respects not having a legal separation process in Texas is probably beneficial to actually keeping marriages together. It forces couples to seriously think about whether they wish to be married or divorced. Without a legal separation process in the State of Texas the parties are not left in the limbo state of being half married and half unmarried - legally separated. Return to top of Separation in Texas Article by Attorney John K. Grubb. A divorce can be a very painful time for everyone involved. Make sure that the lawyer you select is someone that has the compassion to understand your case but is also aggressive enough to get you what you deserve. Our mission is to work with our clients to identify the client's objectives, and then to aggressively pursue those objectives. If you have a family law matter, contact Houston family lawyer John K. Grubb at his office in Houston, Texas or visit his websites at www.johnkgrubb.com www.houstonpremarital.com Even though you can't get a legal separation in Texas, the following articles offer more information on various issues to help you protect yourself while you're separated: Separation
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