Almost all states have laws concerning legal separation, but unfortunately, legal separation in Texas is not specifically addressed in the legislative statutes. And this can present a dilemma for Texas couples that want to live apart without getting a divorce.
So Can You get a Legal Separation in Texas?
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.
Texas does not recognize legal separation and has no provisions for court actions regarding legal separations.
It does allow for spouses to enter into a written agreement concerning the division of property and debt and payment of spousal support while a suit for dissolution is pending. If the court decides that the terms of the written agreement are just and right, those terms are binding on the court.
If the court approves the agreement, it may set forth the agreement in full and incorporate the agreement by reference in the final divorce decree. Give us a call to discuss your options. Call Us today! (817)-285-7900