Legal separation can be important for some Texas couples who wish to live apart but remain legally married. However, legal separation is not recognized under Texas law, which leads many to seek other options.
While alternatives can provide clarity in terms of finances, property, and child custody, they may not offer the same legal status as a formal separation. Texas law offers several pathways for those considering a break from their spouse while remaining married or moving forward with a divorce.
Temporary Orders
When divorce isn't the preferred option, or couples are not ready to make a permanent decision, temporary orders can be a useful alternative. These court orders help define how issues such as child custody, visitation, spousal support, and property division will be handled during a separation or divorce process. The court issues temporary orders after a hearing, which can be tailored to the family's specific needs.
Here are some of the key areas that temporary orders can cover:
- Child custody and visitation. Establishing a schedule for who will care for the children and when.
- Child support. Determining the amount of financial support one spouse will provide for the children.
- Spousal support. Deciding whether one spouse will provide financial support to the other during the separation.
- Property division. Setting rules about which spouse can use or control certain property or assets until the final divorce decree is issued.
Temporary orders are designed to provide stability and structure while the divorce process is ongoing. These orders help ensure that both spouses can live separately and manage their responsibilities without major conflict. Once the divorce is finalized, the court will issue permanent orders, but temporary orders can help in the interim, offering a clear roadmap for how things will proceed.
Marital Settlement Agreements
A marital settlement agreement can serve as an alternative for couples who are separated but don’t want to divorce right away. This written agreement allows spouses to outline how they will handle financial matters, child custody, and other responsibilities during the separation period. Unlike temporary orders, which are issued by the court, a marital settlement agreement is a mutually agreed-upon document created by the spouses or their attorneys.
Key components of a marital settlement agreement often include:
- Child custody arrangements. How custody will be shared and the visitation schedule.
- Division of property and debt. Agreements on how to divide assets and responsibilities for any debts.
- Spousal support. Whether one spouse will provide financial support to the other during the separation.
Marital settlement agreements provide flexibility, as they can be tailored to the couple’s specific circumstances. They also allow both parties to come to their own terms, which can reduce the emotional and financial strain of a contested divorce. However, it is important to note that both parties must comply with Texas law to legally enforceable the agreement. The document may also need to be filed with the court.
Informal Separation
Sometimes, couples may opt for an informal separation without any legal documentation. In this scenario, spouses live apart but don’t formally file for divorce or a separation agreement. While this method can allow for a break in the relationship, it lacks the legal clarity that formal agreements or orders provide. Issues such as child custody, visitation, and financial support are left to the spouses to work out on their own.
Informal separation has its risks, particularly when it comes to financial responsibilities and child-related matters. Because there are no formal court orders in place, one spouse may find themselves in a vulnerable position if an issue arises. For couples who want to keep things simple, informal separation can work, but it may lead to uncertainty if problems arise and need to be resolved.
Contact a Lawyer for Legal Assistance
When you wish to separate from your spouse but want to ensure there is a legal framework that supports you, our attorney at Kay Polk, Attorney at Law can help. Although Texas doesn’t recognize legal separation itself, you can effect one by obtaining temporary orders or completing a marital settlement agreement.
Whether divorce isn’t the right option for you or the moment, there’s still hope of disentangling your life from your spouse’s. Consult with us today to learn more about your options.
