"LEGAL SEPARATION" IN TEXAS

For countless married couples all over the U.S., legal separation is their best option for when they are experiencing marital troubles but do not want to yet commit to a divorce. These separations allow the couple valuable space to re-evaluate their relationship while providing both of them legal protections until they decide on their final status. These protections help preserve each spouse's financial well-being, while addressing any parenting responsibilities in the interim.



Unfortunately for Texans, the state of Texas does not recognize legal separation. This means that many couples believe that they must retain their full married status when faced with marital troubles and only have the choice to divorce if there is an urgent need to legally protect their interests. The truth, however, is that there are several legal options for Texas couples to pursue if they would like emulate a legally separated status.

SUIT AFFECTING PARENT-CHILD RELATIONSHIP (SAPCR)

Suits Affecting Parent-Child Relationships are often used for by couples who are waiting for their divorce to be finalized and want to establish child custody, child support, visitation, and other parenting matters relevant to spouses who no longer live in the same residence. It is possible, in some cases to file these suits and establish these terms for a temporary period of time while a couple sorts out their marital issues—even if a divorce does not eventually occur.

PARTITION AND EXCHANGE AGREEMENTS

Partition and Exchange Agreements are used to legally recognize ownership of certain shared property while a couple is still married. So, for instance, a husband can concede that a car that was shared by both spouses is legally his wife’s property. These agreements basically allow a couple to cooperatively divide property themselves.

It should be noted, however, that these agreements are difficult to alter. If the couple moves on to a divorce, the court is likely to keep the assets divided as is as because, legally, it has already been established as separate property.