When someone says they are “separated,” it simply means that they are in the process of ending their marriage. Legal separation in Texas does not exist. Unlike many other states, Texas only recognizes two marital statuses: married or divorced.
While this approach to family law helps alleviate court backlogs, it can also be challenging for couples who aren’t ready for divorce. Alternative options do exist for couples to spend time apart without ending their marriage.
Texas Family Law Approach to Separation
Texas law does not provide a middle ground between marriage and divorce. Couples in the Lone Star State are either married or divorced, with no “legally separated” status. This means that even if a couple chooses to live apart, they remain legally married until a divorce is finalized. After three years of not living together, a couple can file for divorce based on living apart.
Many couples have relocated to Texas from other states like Louisiana which includes legal separation. They are often surprised to learn that legal separation in Texas does not exist, meaning couples remain legally married until a divorce is finalized. However, an uncontested divorce can move quickly once property division and child conservatorship issues are resolved. Even in a fault-based divorce with grounds such as adultery or cruelty, Texas law does not provide for legal separation.
Alternatives to Legal Separation
While legal separation isn’t available, Texas couples do have alternatives:
- Informal Separation: Couples can choose to separate informally by living apart without any legal documentation. This arrangement allows for a trial separation period but does not offer any legal protections or formal agreements regarding property, finances, or children. Note that this is only an informal arrangement between the parties that doesn’t change their marital status.
- Separation Agreements: Also not legally recognized nor changes marital status, couples can create their own separation agreements. However, these are simply informal contracts between spouses that outline various aspects of their separation, such as:
- Division of property and assets
- Child custody and visitation arrangements
- Financial responsibilities and support
While these agreements can provide structure to a separation, they are not automatically enforceable by family courts. Instead, they are treated as contracts and may be enforced through civil courts if breached.
- Temporary Orders: For couples who have filed for divorce but are not yet ready to finalize it, temporary orders can be a useful tool. These court-issued orders can establish temporary arrangements for child custody, support, and property use during the divorce process.
- Suit Affecting the Parent-Child Relationship (SAPCR): Parents who need to address child-related issues without filing for divorce can pursue an SAPCR. This legal action allows the court to make decisions about custody, visitation, and child support without terminating the marriage.
What the Lack of Legal Separation Means For A Separating Couple
The absence of legal separation in Texas has several important implications for couples:
- Community Property: In Texas, a community property state, all assets acquired during the marriage – even during a period of informal separation – are considered community property and subject to division in a divorce.
- Legal Obligations: Spouses remain legally responsible for each other until a divorce is finalized, including potential liability for debts incurred by either party.
- Decision-Making: Without a formal separation agreement or divorce, both spouses retain legal rights in making decisions about shared assets, children, and other family matters.
- Limited Legal Protections: Informal separations do not provide the same level of legal protection as a divorce, potentially leaving vulnerable spouses at risk.
Because the court only sees “married” and “unmarried,” there is no change to the marital estate.
Options for Couples Contemplating Separation
Texas couples considering separation have three basic options to consider, as legal separation in Texas is not officially recognized:
- Counseling and Mediation: For those unsure about the future of their relationship, professional counseling or mediation can help navigate the decision-making process.
- Informal Separation with Agreement: Couples who hope to reconcile or are not ready for divorce can consider an informal separation with a written agreement to address key issues.
- Divorce: If the relationship is irreparable, divorce may be the most appropriate choice to legally end the marriage and establish clear boundaries going forward.
Both parties should understand the legal implications of each choice. Consulting with an experienced Tarrant County divorce attorney can provide valuable guidance in navigating these complex decisions and ensuring that your rights and interests are protected throughout the process.
Tarrant County’s Divorce Attorney Can Help
Wendy L. Hart has been helping people in the Fort Worth area with divorce and other family law issues since 2001. She represents both men and women in divorce, including legal separation in Texas, as well as asset and property division and mediation, ensuring her clients’ rights are protected.
Don’t try to handle a divorce, property, asset division, or other family law matter by yourself. Contact The Law Office of Wendy L. Hart today at (817) 842-2336 and get the help you need.
