For couples who are not yet ready to tackle divorce, separation can be a great precursor, giving them the time and space to understand what they really want to do. At North Texas Family Lawyers, we`ve helped many clients settle into separation, and one question we`re often asked is: How long do I need to be separated before filing for divorce? In general, there is no limit to how long spouses can be separated in Texas. The marriage continues until the divorce or death of a spouse. 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 claimed to be married in Texas), a divorce must be filed within two years of their separation. If you do not claim in time that you have contracted an «informal marriage», the presumption is justified that you are not legally married at all. For some people, divorce may be forbidden or frowned upon in their religion. A separation allows the couple to maintain their religious beliefs. There are also couples who can`t live together, but they still love each other. These are just some of the reasons why couples may separate temporarily or permanently. Our lawyers are experienced in drafting marriage contracts and advise clients on the effects of separation. Please contact us to make an appointment to discuss your case. During a trial separation, the couple decides to live apart for a while.
This gives them the opportunity to decide whether they want to separate permanently, divorce or reconcile the marriage. The property remains matrimonial property. A separation agreement is essentially a contract in which the spouses no longer live together but are not officially divorced. A separation agreement sets out the rights and obligations of the parties while they live separately. This concept is similar to a legal separation in that it may impose requirements for visits, financial support or property rights. So while the required separation may seem tedious, it can actually be beneficial, especially if you`re able to protect your rights in the process. In some ways, it`s probably beneficial that they don`t have the ability to achieve legal separation in Texas to hold marriages together. This forces couples to think seriously about whether they want to be married or divorced. Without a legal separation process in the state of Texas, the parties do not remain in the limbo of being half married and half single – legally separated.
Unfortunately, legal separation is not something Texas currently recognizes. Under the jurisdiction of the Lone Star State, you are married until you are no longer married – there is no in-between. However, this does not mean that there is no way to imitate the arrangement. This is the opposite approach to that of other states, many of which actually require separation before filing. But just because Texas isn`t one of them doesn`t mean there aren`t some caveats and restrictions designed to slow down couples struggling for divorce. To file for divorce in Texas, at least one of your duets must have lived in the state continuously for six months. In addition, this person must meet the requirements of the county. This duration may vary, but in Denton the threshold is ninety days. Not only do Texas courts not require separation before divorce, but they don`t even have a legal separation process. However, the logic behind humans doing this is solid. Forcing a period of separation prevents quick divorces and provides a period of integrated reflection in which balanced minds can (hopefully) prevail.
(Much like a frustrated parent who forces a few struggling siblings to sit together in the same room until they`re no longer angry.) After that, if a couple still wants to break up, you`ve made sure that divorce isn`t just their instinctive reaction to a complicated problem. There are other reasons why it might make sense to stay legally married even if they are permanently separated. Filing joint returns offers tax advantages to some couples. It may also allow the maintenance of certain military or social security benefits. I am often asked about legal separation in Texas. The answer is simple. Texas has no legal separation. The only mechanism Texas has for legal separation is divorce.
Once the divorce is filed, the court can issue interim injunctions against the parties, property, alimony, persons, children, etc. In general, documentation is a separation agreement signed by the parties that sets out the issues of custody and alimony, alimony, housing and other matters very similar to a divorce decree. Once all this is reduced and agreed in writing, it will be submitted to the court for approval. So why is this important? Texas is a community-owned state, which means that all property acquired during the marriage belongs to both spouses. All income, real estate, retirement accounts, cars, businesses or debts acquired during the marriage are property of the community. This includes all properties acquired during separation. Without divorce, common property rights and debts continue to accumulate. Although the spouses are still married to each other, they also owe each other certain duties. Since all property always belongs to the community, each spouse has a duty not to waste community funds or incur unnecessary debts. I have seen couples who had a sharing and exchange agreement that 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 division and exchange agreement is that if the parties subsequently divorce, the property that has been divided with a party is the separate property of that party and the divorce court cannot withdraw separate property from a party.
In order to form a valid separation agreement, the specific terms must be in writing and signed by both parties. A separation agreement can be a cost-effective and timely way to establish access, financial and ownership rights. However, this is a complicated process that should only be completed by a lawyer. Small mistakes can have serious consequences and you should hire a lawyer to draft this agreement. You can use TexasLawHelp`s LegalHelp Finder to find legal aid in your area. In Texas, the only process available for separating a spouse is divorce. The only real difference between legal separation and divorce is that a divorce ends the marital relationship. A couple who enters into a legal separation agreement does not end their marital relationship. However, in each scenario, the court will determine the rights and obligations of the spouses, financial obligations, custody and support, visitation, medical benefits, insurance, division of matrimonial property and spousal support. This waiting period is also not without advantages. In exchange for this forced cohabitation, states that require separation often allow couples to file a legal separation agreement.
This offers many of the same protections you`ll find in a regular divorce — things like parenting plans, division of property, and even alimony — that give couples the opportunity to focus on their relationship without having to worry about how these issues are handled. 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 in other states who, for whatever reason, feel they can no longer live together but do not want to divorce, may ask the court to recognize documents that support the fact that they are legally separated. Although Texas does not recognize a legal separation, the couple can enter into a separation agreement. It can deal with some of the same decisions that are made during a divorce, such as maintenance and asset division. If the couple decides to end the marriage, the same agreement can be transferred to the divorce. Almost every state has laws about legal separation, but unfortunately, legal separation in Texas is not explicitly addressed in legislative laws…