Planning on becoming legally separated in Texas? If so, there are a few things you should know. First, the state of Texas does not formally recognize legal separations. There are no statutes governing a temporary separation. This is disappointing for many couples to hear, since the benefits of legal separations are apparent in the states that allow for them. Statistics suggest that they encourage many couples to work out differences rather than to get divorced.
What does that mean for you? While you can’t be legally separated in Texas, there are a few measures you can take to protect yourself. Many couples see the value in living separately without a formal divorce. Each partner can seek out counseling if they wish, reevaluate their situation, and determine whether they want to divorce or reconcile.
If a couple decides to live apart, temporary orders can be a good way to establish boundaries and responsibilities. Unlike other marital matters in the separation, this is a court-ordered and facilitated agreement that will legally define each spouse’s rights and responsibilities relating to the children. Known as SAPCR orders, your attorney can help you facilitate this agreement with the courts to ensure that the agreement is fair and aligns with the family’s needs and values. If there are children, a temporary order can determine or enforce who will make decisions or be financially responsible for them.
It’s important to consider that these are temporary orders that could last for weeks, months, or years depending on what the parties decide. They also must be formally dissolved regardless of whether the couple reconciles.
The fact that you can’t be legally separated in Texas does not mean you must remain with your spouse until a divorce can be obtained. If you want to separate from your spouse but are unsure of your options, your next step should be to make an appointment with an experienced family law attorney. They can listen to the details of your situation and advise you on your options.
Jennifer Espronceda is an experienced family law attorney who is passionate about helping families. To make an appointment for a consultation, call 210-514-1514 or use the available contact form.
Pros of Legal Separation
Legal separation offers a number of advantages to couples who may not be ready for a full-fledged divorce.
You Get Some Time Apart
When your marriage is not going great, you may want to take some time off from each other before considering a divorce. By choosing legal separation, you can spend some time apart while still being married in the eyes of the law. During this period, you can experience what divorce will feel like. This may help you decide whether divorce is the best option to consider. During this period, couples may also end up changing their minds.
Continue Using Your Spouse’s Insurance
If you are on your spouse’s health insurance, there is a good chance of losing it when you get a divorce. If you are not able to get your own health insurance anytime soon, getting a legal separation seems like the best option. In this arrangement, you can still enjoy the benefits of your spouse’s health insurance while spending time away from them.
Financial Considerations
Apart from using the same health insurance, you can enjoy several other financial benefits when you choose legal separation over divorce. In some cases, there are some major tax benefits that make your marriage worth carrying on. Also, if you are dependent on your spouse’s retirement benefits, staying legally married for a certain period of time makes more sense than getting a divorce.
Cons of Legal Separation
Like any other court arrangement, legal separation also has its fair share of disadvantages.
You Cannot Remarry
When your marriage is not working out with your current spouse, your heart may look for love and comfort somewhere else. However, when you are legally separated, you cannot get remarried. In fact, you should refrain from dating another person. If you and your spouse decide to get divorced, your relationships during your legal separation might be used against you. So, if you are interested in seeing other people, legal separation is not the right choice.
The Process Is Complicated
A significant number of people in Texas consider legal separation a simpler alternative to divorce. However, this process is not that simple. It also takes time and money to get legally separated. You still need to divide your assets and properties and figure out child support and custody if you have kids. You should consider legal separation only if you feel confident about the process.
It Is Not a Complete Separation
Legal separation does not offer a clean break between spouses. It may often lead to constant emotional attachment and a potential reconciliation. Also, you and your spouse may not have enough legal separation to satisfy the needs of each other’s families. This process can also be challenging for children if not handled properly.
