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Texas Marital Separation. What Are the Things to Know?



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No one thinks of marriage going bad. However, if the marriage has reached a point of disrepair and you have already started to discuss the next steps with the spouse, you might have talked about divorce and separation. It is crucial to understand the difference between Texas legal separation and divorce.

What’s the Difference?

During the divorce, the couple settles the issues like child custody, visitation, support, property division, and spousal support before going before the judge. If the couple could not agree, the judge would resolve any remaining issues. At the end of the divorce process, the court ends the marriage and both spouses are single again and are free to remarry.

However, legal separation is very much like divorce because the judge decides the divorce-related issues. However, unlike divorce, both spouses are still considered married in legal terms in-spite of living apart. The spouse that wishes to remarry later must ask the court converting the separation into a divorce.

Is Separation Better?

There is no reason why some couples go for separation instead of divorce. For some, separation gives the chance to breathe and allows the couple to participate in marital counselling, spend time apart, and determine the best family plan. As a couple, if you aren’t sure that divorce is the right choice, separation is the most effective way to go ahead. Other reasons to go for divorce could be federal benefits. If you have accumulated benefits, like social security, separation would be the only way to preserve the interests while living apart from spouse. If your spouse has employer-sponsored health coverage for a spouse, separation would be the best. Then there are social, moral, religious, or social objections to divorce, making separation the best path.

What does Separation mean in Texas?

In the state, there is no legal separation. So, couples who would like to end their marriage need to follow the divorce process. The court allows the couples to live separately and make opt for temporary arrangements like divorce. The temporary separation covers a variety of issues like division of property, and spousal support. The court allows the couples to reach an agreement that works for both. If the agreement is just and fair to each party, the judge will approve the order and incorporate into the final judgement of divorce.

If you would like to separate without divorce, you can create informal separation using the other laws. However, there is no recognition for any separation in the state of Texas. For instance, if you are married and the court views some assets as community property, it means the property belongs to both spouses.

If you have dependent kids from the marriage, you can file a request for ‘suit affecting the parent-child relationship’. It allows the court to decide on various matters. It is child custody, visitation, and child support. Once the court decides on the parenting plan, you need to ask the court for any modification.

Separation Agreement in Texas

It is a legal contract that is signed by both parties and the judge. The couple uses it to ascertain the terms of divorce and separation. In Texas there is no recognition for separation. There is no need for a formal agreement. In case the spouse needs a court order for custody, visitation, and support, it would be needed in writing.


Texas legal separation agreement form is available at leading legal forms site. You can create the agreement online without much difficulty. For the validity of the agreement, it has to be signed by both spouses as per the laws of state.

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Mansoor is a digital marketing professional with over 4 years of experience. Presently, he is incredibly passionate about software, technology, website design, paid marketing, and content marketing.

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