Stay Protected During Your Legal Separation

The state of Texas does not recognize legal separation, and as such, courts have no official provisions for managing it, but if you and your partner plan to take some time apart without filing for divorce, it is possible to work out something called an informal separation. There is no single correct way to arrange an informal separation, and it can involve a temporary division of finances or an arrangement where one partner supports the other who has taken up a different residence. There may also be an informal agreement regarding conservatorship of children. If you are unsure of how to proceed, seek out the advice of a family law attorney.

One way to go about setting up a legal separation is via a partition and exchange agreement. This is similar to a divorce in that it divides property between the couple, and this division may be binding if a divorce should follow, but under such an agreement a couple remains legally married until such a decision is reached. A partition and exchange agreement can be short or long term, lasting a few months or a number of years. A family law attorney can help you understand your options so that you can make the decision that’s best for your unique situation.

It’s vital for both members of a marriage to remember that legal protection may be lessened during an informal legal separation. You and your spouse may agree verbally on support payments or issues of conservatorship, but there is no binding documentation to ensure that your agreement is honored. If this concerns you, discuss temporary agreements that can be drawn up by a family law attorney. Regardless of your intentions, it is important to have documentation in writing that protects you and your children in the event that your agreement is not honored. Consult a family law attorney at Espronceda Law today to make sure that you are properly protected during your legal separation.

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