Separation agreement in Texas
Dallas-Fort Worth Divorce Attorney David Kohm Can Advise You On Separation Issues
At the Family Law Offices of David Kohm, we are often asked about the process of legal separation in lieu of divorce. Husbands and wives have determined they no longer can live under the same roof, but for various reasons they still want to remain married. The laws of Texas have no provisions for legally separating. The only solution is divorce in order to adhere to the factors listed above.
Texas, however, does recognize temporary orders to be filed at the time the divorce is filed. This can help you make impermanent changes while the proceedings are going on but you are still technically married to your spouse during this time. In this instance, you do not have the legal right to divide assets or demand child support, even if the spouse agrees.
There is one common legal document couples can have their family law attorney prepare and this is known as 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.
If you’re seeking to separate because of domestic violence to yourself or abuse of your child, you need to consider filing for divorce as quickly as possible and have your family law attorney file a temporary Injunction to protect the safety of those who are being abused. Not only should this be brought to court under marital processes, but under criminal law, as well.
Even though Texas does not recognize separation, the state does offer a "no fault divorce" law, which allows one spouse to file for a divorce without providing grounds, such as adultery or cruelty. In this case, the spouse only has to prove "irreconcilable differences" and that the marriage cannot be saved any more.
Whether you are going through a separation or a divorce, the help of an experienced trusted divorce attorney can help you navigate this often-confusing process. Divorce can often be a difficult, stressful time in anyone's life, but you can alleviate some of these worries knowing that you have intelligence and experience on your side with the attorneys of The Law Offices of David Kohm. If you have further questions or would like to meet to discuss any of your legal needs, you can contact our office or complete the online request form and we’ll get right back to you.
While every effort has been made to ensure the accuracy of this information, it is not intended to provide legal advice as individual situations will differ and should be discussed with a qualified licensed attorney. For specific technical or legal advice on the information provided and related topics, please contact our law firm directly.