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Legal Separation Lawyers

Legal Separation in Texas

Every state in the U.S. has laws governing the process of divorce, but not all states have laws that address legal separations. In fact, Texas does not recognize legal separation as an element in divorce and this omission can leave divorcing couples few options.

The Benefits of Legal Separations

There are many benefits available to a couple filing for legal separation. These benefits include:

  • Provides physical and emotional distance potentially allowing emotions to cool and provide some perspective concerning marital issues.
  • Allows time to heal and can provide an atmosphere to explore reconciliation.  It can give a couple physical and emotional distance away from the conflicts of the marriage and provide space to work toward rebuilding their marriage.
  • Provides an opportunity to sort out financial obligations, child custody arrangements, support issues and property division.
  • Allows the couple to maintain their current status related to medical benefits, retirement or disability income benefits, etc.
  • Provides the ability to maintain the marital status for appearances or due to religious beliefs.

In Texas, a couple must file for divorce if they want legal protection for marital assets and child custody issues. By filing for divorce, the couple can obtain temporary orders concerning property, spousal and child support, custody, etc., to protect their legal rights, but they lose the opportunity to explore reconciliation of the marriage. This can leave couples feeling unsure when they desire the benefits provided by a legal separation without the process of filing for a divorce.

What Are Your Options?

Although most couples in Texas assume the only available alternative is to file for divorce, there is another alternative available. In the absence of a formal separation process, one of the most common options available that can provide many, if not all, of the benefits of a legal separation is a post-marital agreement. Often referred to as a postnuptial agreement or a partition, a post-marital agreement can divide the marital property into two separate estates – one estate for each spouse – allowing them to lead separate financial lives.

The post-marital agreement is effectively a division of property achieved by agreement and consent of the parties and separates some or all of the couple’s financial dealings.  A post-marital agreement allows them the opportunity to live unencumbered by the other spouse’s financial decisions or failings and serves to remove any partitioned property from the community property state should they actually divorce in the future. In addition, post-marital agreements are legally enforceable contracts and they remain in place unless revoked by the consent of both parties or upon the death of one of the parties to the contract.

Do You Need a Post-Marital Agreement?

The experienced attorneys at Zinda Law Group can help you work out a legal separation without having to go through the drama and trauma of having to file for a divorce. We have helped many clients achieve legal separation by executing a post-marital agreement. Call 800-863-5312 today to speak with an attorney regarding the divorce process and your options, and let us show you how a legal separation /post-marital agreement can benefit you.


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