Can I Legally Separate From My Spouse in Texas?

 Posted on June 22, 2024 in Child Custody

Divorce is a big decision that changes the lives of everyone involved. Some couples, therefore, prefer to separate from each other rather than commit to dissolving the marriage. In many states, these couples can enter into a legal separation, which is like divorce. Spouses who are legally separated live apart for a minimum amount of time and work out legal arrangements like child custody and child support. If a couple files for legal separation, a judge may issue a judgment recognizing their new marital status.

Legal separation, however, is not an option in Texas. Couples are of course free to separate from each other if they want to, but the only marital statuses recognized in the Lone Star State are married, divorced, or widowed. 

However, couples who do not want to take the big step of getting a divorce have an alternative option available to them. If they wish, they can hire a Texas separation agreement attorney to draft a separation agreement.

What Is a Separation Agreement?

A separation agreement is a contract between spouses that covers many of the issues that come up during the divorce process. This includes:

• How the couple will divide their community property — assets that belong to both spouses — between themselves

• Provisions for child visitation

• Each parent’s rights and responsibilities toward their children

• Financial support arrangements, such as child support and spousal support (alimony)

Should I Sign a Separation Agreement?

There are several reasons why some couples choose to sign a separation agreement rather than get divorced:

• They see separation as a trial run for divorce. Coming to an agreement on major issues like child custody is difficult, and one of the things that make divorce so hard. A separation agreement can reveal if a couple is really ready for that.

• They hope to reconcile. A couple may hope that they will, in time, work out their issues and be able to stay married.

• They want to avoid divorce for religious reasons. Many religions look at divorce as a last resort, so some couples avoid taking that step by signing a separation agreement.

• They want to remain married for financial reasons. Two spouses may decide they no longer want to remain together but they still want to keep certain financial benefits that come with marriage, such as joint health insurance.

• They want to remain married for immigration issues. 

Contact a San Antonio, TX Separation Agreement Attorney

Marriage is a big commitment, but some could argue that divorce is just as big. Couples who are not ready to untie the knot can sign a separation agreement first. If you want to have a separation agreement drafted, or if you want to know whether a separation agreement is right for you, consult a Bexar County, TX separation agreement lawyer. At Brandon Wong & Associates, we have drafted many separation agreements and we are ready to create one that serves your interests. Call 210-201-3832 to get started today.