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Legal Topics > Family > Husband and Wife > Separations

Texas Legal Separation Lawyers

LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law

What is a Legal Separation and is it Recognized in Texas?

A legal separation is a Court ordered proceeding for married couple who want to live apart with the rights and obligations of divorced persons, except they are not officially divorced. Legal separated parties remain married and cannot remarry until a Court grants them a divorce. A spouse may petition for a legal separation usually on the same basis as a divorce and include requests for child custody, alimony, child support and division of property.

A legal separation is ideal for those who want to avoid the stigma of divorce, or who hope to save the marriage before considering divorce.

What Happens if a Married Couple is Separated in Texas?

Texas does not provide for legal separation. The state recognizes that a couple is either married or not. So regardless of the reason or length of separation, once a couple is married, a couple remains married until the union is legally dissolved, by divorce, annulment or by death.

How Can I Dissolve My Marriage in Texas?

Although Texas does not allow for legal separation, the state does follow a no fault divorce law which allows spouses to file for divorce without having to prove grounds (such as mental cruelty, adultery, abandonment). The spouses simply have to prove that the marriage cannot be saved because of irreconcilable differences (if one party says the marriage is irretrievable and refuses to reconcile then such differences are proved to exist).

Do I Need the Advice of an Attorney?

Because each state’s law varies as to the ways to dissolve a marriage, seeking the advice of a divorce attorney is a wise choice. An experienced attorney is familiar with the laws of your state and can advise you of the possible ways to handle a possible dissolution of a marriage.

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