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Can I Get a Legal Separation Instead of a Divorce in Texas?

 Posted on July 12, 2022 in Divorce

"CollinIn some states, couples can pursue something known as a “legal separation” that allows them to address many of the issues that are normally handled in a divorce without formally finalizing a divorce. In Texas, however, there is no such thing as legal separation. Couples who no longer want to live together but do not want to officially file for divorce do not have the option to separate their property and establish child custody orders without getting divorced. If you are not sure whether you want a divorce but you no longer want to be with your spouse, speak with a Texas divorce attorney to explore your options. 

Reasons for Not Getting Divorced

Even though many couples no longer feel in love or may even struggle to be polite to each other, the thought of divorce may be unworkable. This may be for religious reasons, since some religions prohibit divorce, financial reasons, such as joint tax filing benefits, or social reasons, such as avoiding the stigma for divorce for the couple and their children. Whatever the reason, rest assured that you are perfectly normal and that many people have been in your situation before. There is no shame in discussing your situation confidentially with an attorney who can give you legal advice. 

Trial Separation

Many couples have benefitted from a trial separation in which one parent moves out on a long-term basis. While this can give a couple time apart, it does not resolve important issues like property division, alimony, or child custody. However, a separation may allow a couple to see what life is like without each other, to seek couples therapy, or take time to recover from an episode of infidelity. 

As you decide whether to try an informal separation or get a divorce, be sure to consider carefully whether your spouse is likely to change. If you and your spouse cannot see eye-to-eye for reasons driven by deeply-held values, a separation may just be postponing the inevitable. 

Once you file for divorce, you can seek a court order that allows temporary parenting schedules, property division and occupation, and bill payment directives so your family can keep functioning during divorce. Before you take this step, however, be sure that this is what you want. 

Call a Frisco, TX Divorce Lawyer

Determining how to end your relationship is a complex and emotionally fraught decision. At The Law Office of Linda Risinger, we offer a no-pressure environment so you can get the information you need to make the decision that is right for you. Call us at 972-294-6533 to schedule a free consultation with one of our skilled Collin County divorce attorneys today. 




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