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Legal Separation vs. Divorce in Texas: Understanding Your Options

Andrew Tisdale | November 15, 2024

The end of a marriage is never easy, and couples often decide which path is right for them by evaluating legal separation vs. divorce. However, if you’re considering separating or divorcing in Texas, it’s important to know the legal realities, as legal separations are not recognized in Texas. This does not mean that divorce is your only option, though. There are several ways to unofficially separate if you believe that is the best course of action for you and your family.

What Is the Difference Between Legal Separation and Divorce?

The main difference in a legal separation vs. a divorce is the permanence of the arrangement. In a divorce, the marriage is officially dissolved, and both parties are free to remarry. In a legal separation, however, couples remain married but live apart under a court order. However, whether you choose a divorce or separation, many of the same issues will need to be resolved, such as child custody, child support, and property division.

Is There Legal Separation in Texas?

While legal separation is recognized in several states, there is no legal separation in the state of Texas.

How to Become Legally Separated in Texas

While filing for legal separation in Texas isn’t possible, that does not mean that couples are unable to separate on their own. There are several alternatives to a Texas legal separation that couples may wish to pursue.

• Post-Marital Agreement: This agreement allows couples to separate the community estate into a separate estate for each spouse without dissolving the marriage and is the closest thing to being legally separated in Texas. A post-marital agreement costs roughly the same as a premarital agreement, largely influenced by the size and complexity of the marital estate.
• Temporary Orders: These court-issued orders allow couples to separate while the divorce process is ongoing. They can cover matters related to child custody, visitation, support, and the division of property. However, temporary orders are just that, temporary. If a case sits dormant for too long, the Court may dismiss the case for want of prosecution on its own motion.
• Protective Orders: A protective order is available for those who have been a victim of family violence. These orders allow the spouses to live apart and can dictate child custody, visitation rights, and child/spousal support.
• Suit Affecting the Parent-Child Relationship: A SAPCR is a custody case that is separate from a divorce. These suits are used to establish custody of a child without the need to dissolve the marriage first.

Why Would Couples Want to Be Separated vs. Divorced?

The choice of separation or divorce is a personal one that can have numerous influencing factors behind it. Even though couples cannot obtain a Texas legal separation agreement officially, they may still choose to separate on their own for the following reasons:

• Trial Separation: Some couples choose to separate because they are not ready to completely end the marriage. Many believe that a separation will allow them time to reflect on the union and decide whether or not they should stay together.
• Religious or Cultural Reasons: Some people choose to be separated for religious or cultural reasons, because they do not believe in divorce.
• Financial Factors: There are several financial reasons why separating can sometimes make more sense than divorcing, such as filing joint tax returns or allowing health insurance benefits to continue.
• Child Support: Children can be a big factor when deciding whether it is better to separate vs. divorce. Some couples will choose to separate but remain married to avoid child support or custody complications.
• Immigration: Couples may choose to separate vs. divorce if one spouse is undocumented and could be deported after a divorce.

Speak With an Experienced Family Law Attorney Today

If you’re weighing separating vs. a divorce, consider speaking with a knowledgeable family law attorney at Goranson Bain Ausley. Our team of skilled legal professionals can help you decide whether divorce or separation is right for you and your family by providing the legal guidance you need to make an informed decision. Contact us today to schedule your consultation.