Texas Has No Separation Requirements Prior to Divorce

By Brett Pritchard

| April 28, 2021

If you are considering divorce – or are even moving toward divorce – you may think that the next logical step is to separate before doing anything drastic. While many states have a separation requirement prior to divorce, the State of Texas has no such requirement. In fact, Texas does not even recognize what many people think of as legal separations. In Texas, in other words, you are married until you are legally divorced, and this is an important point to keep in mind. The divorce process is complicated, and because the end results will directly affect your parental and financial rights into your future, you are well-advised to work closely with an experienced Florence divorce attorney from the outset.

Read more about divorce and how long it takes in this article: How Long Does It Take to Get a Divorce in Texas?

There Can Be Advantages to a Pre-Divorce Separation

Those states that require pre-divorce separations do so for a reason – to allow the couple a bit of a reprieve. While some divorces are an inevitable end to a years-long build-up, others are the result of a dramatic and precipitous event that blows up into divorce. In these latter situations, a separation can serve as a cooling-off period that allows the couple to weigh their options and to get a taste of what divorce is likely to mean for them personally. Some couples find a way to patch things up, and others find the breathing room they need to work together in an effort to avoid outright contentiousness (or even to achieve amicability). Those states that require pre-divorce separations also allow couples to file legal separation agreements, which provide all the same protections that divorces do, including terms related to the following:

The division of marital property
Child custody arrangements (The 3 Child Custody Questions You Should Ask Your Divorce Lawyer)
Child support
Alimony

Achieving a Separation Equivalent in Texas

Although the State of Texas does not recognize legal separation, you can achieve some of the same protections offered by a legal separation by implementing other legal tools.

A Postnuptial Agreement

A postnuptial agreement is much like a prenuptial agreement, except the contract is executed while you are married. In your postnuptial agreement, you and your spouse can agree to an equitable division of your marital property that you are both willing to sign off on.

A Suit Affecting the Parent-Child Relationship

A Suit Affecting the Parent-Child Relationship can spell out your child custody arrangements, including your parenting plan and child support, for the period that your version of a legal separation pends (and beyond, if you choose).

An Experienced Florence Divorce Attorney Can Help

If you are contemplating divorce and are considering setting up something close to a legal separation in Texas, Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Florence, Texas – can help you with that. A separation can be an excellent stepping stone toward a divorce or reconciliation that allows you to turn down the heat, get your bearings, and make decisions that are right for you. We are here to help, so please do not hesitate to contact us online or call us at 254-501-4040 today.