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Texas Legally Separated

Texas is one of the few states that does not recognize legal separation. Other states that do not recognize legal separation as an alternative to divorce are Delaware, Florida, Georgia, Mississippi and Pennsylvania. Some couples from other states who, for whatever reason, feel they can no longer live together but do not want a divorce, can ask the court to recognize documents proving that they are legally separated. Fortunately, there are several ways you and your spouse can agree on your finances, children, and other issues if you are not legally separated, but live apart. Here`s what to consider if you`re considering legally separating in Texas. I`ve seen couples have a sharing and exchange agreement that has remained in effect for five, ten, fifteen years, or a lifetime, — while remaining legally married. In addition, one of the advantages of entering into a partition and exchange agreement is that if the parties later divorce, the property divided from one party is the separate property of that party and the divorce court cannot take separate property from one party. If you are separated and not divorced, you should avoid the following: However, there is a reason why you might benefit from legal advice, and that is if you need help reaching an agreement on your marital property. If you need help dividing your property, you can speak to an attorney in Houston`s real estate department at the Moffett Law Firm to sign a division and exchange agreement. It is a way of transferring marital property to your spouse so that it is legal to be or to be theirs, rather than both. In other cases, the parties` financial affairs are complex and they often seek the help of a lawyer to try to find some sort of informal legal separation.

However, since Texas does not recognize any type of legal separation — formally or informally, there are only a limited number of things attorneys can do to protect parties while they are separated. Another possibility is a permanent separation. Again, it is not recognized by law in the state of Texas. But some people choose to divorce rather than divorce for religious or financial reasons. For example, although the couple has decided not to stay together, this may allow one spouse to stay on the other`s health plan. A lawyer can further explain the differences between separation and divorce and help you make a decision that is in your best interest. Call Warren & Migliaccio if you are separating or divorcing in Dallas: 888-584-9614. In some ways, not having a legal separation in Texas is probably beneficial for keeping marriages together.

This forces couples to think seriously about whether they want to marry or divorce. Without a legal separation process in the state of Texas, the parties are not left with the uncertainty of being half married and half single – legally separated. If you`re sure you don`t want to reconcile with your spouse after separation, you may want to consider filing for divorce in Texas. This is the next way to find out how to apply for legal separation in Texas, as it is the only method you can use to involve the courts when determining custody, calculating child support, arranging for property division, etc. For this reason, when it comes to legal separation or divorce, Texas couples have no choice when it comes to involving the courts. If divorce seems like the best alternative to legal separation in Texas, contact the divorce attorneys at Moffett Law Firm in Houston for legal advice. In general, there is no limit to how long spouses can be separated in Texas. The marriage continues until divorce or the death of one of the spouses.

The only exception is in the case of a common-law marriage. If the parties are “informally married” under Texas law (where the parties were not married by license but agreed to marry and then lived together in Texas and pretended to marry in Texas), a divorce must be filed within two years of separation. If you do not claim in time that you have entered into an “informal marriage”, the presumption is justified that you are not legally married at all. There are other reasons why it may make sense to stay legally married, even if he is permanently separated. Joint filing offers tax advantages to some couples. It may also allow the maintenance of certain military or social security benefits. From a legal point of view, it depends on where you live. In the event of legal separation, couples remain married. That doesn`t mean a couple can`t separate in Texas. Although it is not legally recognized, the couple can separate informally. Many people assume that the date of separation has legal significance. In Texas, separated spouses are always legally married, no matter how long they`ve been separated.

There is no special legal status associated with separation in Texas.