Texas Legal Separation Lawyer
If your relationship came to an end, but, for some reason, you’re not ready for a divorce just yet, a legal separation must be the other choice you want to opt for. If this is the case, then you will need the expert assistance of a legal separation attorney.
But what exactly is legal separation in Texas? How can you get legally separated from your spouse? Or the better question would be, is legal separation the best choice to make?
A lot of people will choose legal separation over divorce because of the benefits they can get from still being legally married despite living separately from their spouse. For example, federal benefits can only be kept if you and your spouse remained legally married. Also, if you are a beneficiary of your spouse’s employer-sponsored health plan—or it may be the other way around—you and your spouse may go for legal separation rather than divorce.
Moreover, if you or your spouse have any religious, moral, or social beliefs that go against the concept of divorce, a legal separation will be the next best option. During this period of separation, however, you still have legal rights to protect, documents to file, and agreements to sign. These are things that will prove to be majorly difficult without the help of a legal separation attorney.
For comprehensive legal assistance, contact Glen W. Wood, Attorney at Law at (817) 934-7101 and consult our expert Texas legal separation attorney now.
Texas Law on Legal Separation
Texas, unfortunately, does not have any law that recognizes legal separation. However, you can still choose to get separated from your spouse just without the law recognizing and reflecting that decision. The resulting separation period is then defined as informal separation or trial separation.
Spouses who wish to separate can and should take actions to protect their rights while they are separated. A voluntary parenting plan is something you and your spouse can do to address custody, visitation, and financial support issues. Also, temporary orders, protective orders, or separation agreements can be acquired to attain the same effect of what other states recognize as legal separation.
Moreover, you can get court orders that will define the rights and responsibilities you and your spouse have. These orders are called Suits Affecting the Parent-Child Relationship (SAPCR). In getting this order, the service of a legal separation attorney will be valuable. Your hired attorney will be the one who will handle the creating of the order.
All the available options under the Texas family law give you the similar benefits of a legal separation. You can still solve issues on visitation, financial support, and property divisions without getting a divorce.
If you want to go through informal separation or have any questions about the legal matters of getting separated, do not hesitate to consult the legal separation attorney of Glen W. Wood, Attorney at Law by calling (817) 934-7101.
Legal Separation Process
Since Texas doesn’t recognize legal separation, informal separation is what most couples go through other than divorce. In many cases, marriages were brought back together after this trial separation phase. After some time apart and some counseling, couples mostly decide to live back together.
For some cases where the financial affairs of one or both spouses are complex, a legal separation attorney is hired to assist in working out some type of informal legal separation. However, whether it is formal or informal, Texas family law won’t recognize legal separation. This causes a limited number of options in protecting the spouses’ rights while they are separated.
If your marriage still won’t work out after the informal or trial separation and you still don’t want a divorce, permanent separation is something you can go for. Although this is still not legally recognized in Texas, many couples choose this option over a divorce. Retaining tax, federal, and health care benefits are some of the reasons why people favored this choice.
Furthermore, even if Texas doesn’t recognize legal separation, you and your spouse may still have a separation agreement. This agreement will cover decisions on alimony and property division issues, among many others. If you and your spouse will later decide to pursue a divorce, the same separation agreement can be carried over.
Legal Separation Agreement
As stated above, legal separation is not awarded in Texas courts. In light of this, a court cannot finalize any type of legal separation agreement between spouses unless a divorce is filed.
However, there are still a few possible ways for you and your spouse to come up with an agreement that’s almost similar to a legal separation agreement. This document will also incorporate resolutions to issues involving finances, children’s welfare, and other topics crucial in the separation aftermath.
When it comes to dividing community property, you and your spouse can have a “partition and exchange agreement”. This agreement will allow the transfer of marital property or property interest to a spouse, making it the receiving spouse’s separate property. For this agreement to be valid, it should be in a written document signed by you and your spouse. This is then recorded in the deed records where the spouse resides and where the property is located.
Furthermore, despite not recognizing legal separation, Texas family law allows you and your spouse to enter a separation agreement. This agreement is a contract where the rights and duties of spouses living apart, yet not divorced, will be stated.
The idea is much like that of legal separation agreement, as recognized in other states. The separation agreement will also set the guidelines when it comes to visitation, child custody, financial support, and property rights or division. To make the separation agreement valid, the agreed terms must be in writing, and you and your spouse should both sign the document.
Having a separation agreement is a cost-efficient and time-saving way to protect your rights and your children’s welfare during the separation period. Considering then that it is crucial for you not to mess this up, a legal separation attorney will be your best companion throughout the process.
What seems like a small error to you can result in grave legal repercussions. Call (817) 934-7101 and consult the best attorney in our law firm now.
Benefits of Hiring a Legal Separation Attorney
Hiring a Texas legal separation attorney will surely benefit you and your children. If you choose to work with one, the following are some of the advantages you could have:
- You can be assured that your rights will be protected.
- Your children’s best interests are prioritized.
- You will constantly have someone to ask for sound legal advice.
- Your case will be handled professionally.
- You will have a good separation agreement.
- You can get mental and emotional support throughout the process.
- You can avoid going to court.
- Your stress will reduce.
- Your case will be filed quicker.
- Your time and money will be significantly saved.
- You can have better support orders.
Best Law Firm to Work With
If you are planning to get legally separated from your spouse, you came to the right place. Here at Glen W. Wood, Attorney at Law, we have a legal separation attorney that is always ready to help you.
With our extensive experience of serving various clients, we can assure you that we will handle your case proactively and deliver fast and favorable results. Our knowledge of the Texas family law and commitment to better legal service enables us to effectively and efficiently function in court.
If you choose to work with our skilled legal separation attorney, you just put yourself at a high legal advantage and made your separation process a whole lot easier.
Consult Us Now
We know it’s not a piece of cake to navigate through a relationship’s end. To help ease the stress you are experiencing, we offer our legal assistance to take care of the matters important to you and your spouse’s separation. You handle your issues, and we manage the legal ones.
Contact Glen W. Wood, Attorney at Law at (817) 934-7101 to consult our legal separation attorney in Texas now.