No marriage is without its ups and downs. While many couples weather the storms and remain married for the long haul, others determine that divorce is necessary. Some couples, however, take a breather from marriage by separating. This is complicated by the fact that Texas does not recognize legal separation (unless the couple has already filed for divorce).
In other words, if you and your spouse believe separation is in order, there is no legal mechanism in place to guide you. This does not preclude you, however, from creating a separation agreement that both protects you and helps you move forward with the separation process. If you are considering a separation, you need the experienced legal counsel of a skilled Round Rock family lawyer.
If you and your spouse are facing daunting marital problems, it’s important to recognize that you have options other than divorce, including:
Many couples get separated without ever going through with a divorce, so separation does not always mean you should hurry to file divorce papers.
If you and your spouse are separating, your first concern is generally your children’s continued well-being. As such, Texas courts grant orders called Suits Affecting the Parent-Child Relationship, called SAPR orders. SAPR orders set out many specifics pertinent to your children, including:
Parenting is the most difficult and rewarding job that most of us ever have. The SAPR orders in your settlement agreement can provide you with the same legal protections for you and your children that you could obtain in a divorce.
If you are separating from your spouse, there are bound to be financial concerns. Texas is a community property state, which generally means that the property you acquire as a married couple is marital property and that the property you bring into the marriage remains your separate property. In a divorce, marital property is divided in a just manner between the spouses. While you and your spouse can work out a contractual arrangement regarding these finances in your separation agreement, this arrangement will not necessarily hold if you do end up divorcing.
Protecting your rights during separation in Texas is complicated, but the dedicated legal team at Jackson Law Firm in Round Rock is here to help. Our experienced family attorneys have the commitment, knowledge, and skill to help you create a separation agreement that protects your rights and works for you. For more information, please contact or call us at (512) 528-1900 today.
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