The Basics of Legal Separation in Texas


Legal SeparationIt’s an unfortunate statistic, but it does exist: divorce. People divorce for a number of different reasons, and even when the decision is mutual, it can be a difficult process. In Texas, many couples who are considering getting a divorce often choose to go through a legal separation before actually deciding to go through with a complete divorce. A legal separation is often a good route to take if you are unsure about getting a divorce, and often, a legal separation helps couples to stay together in the end. If you are considering a legal separation or divorce in Texas, here are some things to consider from the attorneys at Lucé Evans Law:

1.) Texas Has No Specific Separation Laws

While Texas has a number of laws which govern legal divorces, it does not have specific statutes that govern legal separations. Essentially, a couple who chooses to undergo a separation is doing so on their own terms, but property rights laws, custody rights laws and more could come into play. Basically, even if you choose to separate, you are still legally married. This means that any rights or obligations that are issued under Texas law still apply to each spouse. Children can not be taken from one parent or another, and shared property is still shared property.

2.) Consider Your Options

If you choose to separate, you should take that time to consider your relationship and your options. As mentioned, a divorce can be a difficult process to go through, especially when children, property and shared finances are involved. During your time of separation, you need to think about why you are choosing to spend time apart, what are the issues you feel that you and your spouse need to work out and what you can both do to alleviate the problems in your relationship. You may also want to seek out therapeutic counseling individually or with your spouse during this period of separation in order to have a third party help you to both work through your problems.

If you’re in the McKinney area, or anywhere else in Texas, you may also want to seek out legal counsel to discuss the possible ramifications of divorce. A legal separation attorney in McKinney, such as Lucé Evans Law, can help to educate you of your options regarding divorce, including how to handle child support agreements. To contact Lucé Evans Law to discuss your divorce or legal separation options, please call 972-632-1300 today.