If a person decides to separate from his or her spouse, in some states such as Arizona, there is a legal process that allows orders to be entered to protect the parties and their children while they decide whether or not to get a divorce.
However, in the state of Texas, there is NO Legal Separation.
Separation and Divorce in Texas
Unlike most other states, Texas has no form of legal separation, other than filing for a divorce. If a Divorce is filed, temporary orders, including those regarding the child(ren) of the marriage and temporary property distribution can be entered into and these temporary orders will remain in place until the final orders are entered. However, the court won’t enter into any separation protections of the marriage until a divorce Petition has been officially filed, and then a temporary orders hearing is held or temporary orders are entered into or agreed to. At the temporary orders hearing, the courtcan hear issues pertaining to property, child custody and child supervision arrangements, spousal maintenance, if any, and living arrangements between the parties. Prior to making a decision to divorce or separate from your spouse, it’s advisable to contact a qualified Divorce lawyer who specializes in divorce, and a qualified Family Law attorney or custody attorney who specializes in divorce with children. The Divorce lawyer you choose should be well versed in ALL areas of the law and should be aware of the legal requirements for divorce and separation.
Partition and Exchange Agreement Before Divorce in Texas
Not all couples want to dissolve their marriage. However, in many instances they do want to separate their finances and community property. In these cases, couples frequently seek legal counsel to assist them in drafting a Partition and Exchange Agreement which is the only means in Texas, other than a Final Decree of Divorce, to turn community property into separate property. While this is a contractual arrangement between the parties that is not overseen by the courts, this legal agreement remains in force whether a reconciliation or divorce ensues and the property divided by the agreement remains divided.
Legal Separation in Arizona
Many couples who are going through troubles in their marriage benefit from the formal process of legal separation in which the parties take time apart from one another to regroup andsteady their emotional state, while at the same time, protect their child(ren). Some couples find this method allows them to reconcile complex issues and to focus on making the marriage work.
In the state of Arizona a person can file for legal separation, which includes a Parenting Plan that is legally binding and in some cases, alimony. However, this plan does not divide or separate property. If later the couple decides to get a divorce they can have the court decide on the distribution of property (or agree to same) and then they can roll the legal separation terms into the final orders of the divorce.
If you have any questions pertaining to a formal or informal separation of a marriage, if you have questions regarding this process and your child(ren), or if you are considering a Divorce or separation, please contact Goldstein & Scopellite, PC. Our expert team of Divorce lawyers, Family Law attorneys and Custody lawyers in the Texas DFW area including Dallas, Collin, Tarrant, Denton, Ellis and Rockwall counties and in Tucson, Ariz., in Pima County, is experienced in all areas of divorce and family law and team members are available to answer any questions that you may have regarding your situation or a pending matter before the court.
Goldstein & Scopellite, PC, is located in Dallas, Texas and was established in 2002. For more information, see our local listing in D Magazine.
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