You and your spouse have had marriage issues for several years, and you both believe now is the time to possibly go your separate ways. You bring up the idea of divorce, but your spouse doesn’t want to do anything too drastic and suggests a legal separation instead. Naturally, you’re confused because you always thought legal separation and divorce were the same thing.
Have you been wrong all this time? Does legal separation mean something completely different, and does Texas even recognize it?
Yes, legal separation and divorce are two completely separate legal terms. And depending on which state you live in, you may or may not have a choice on which option you think is best for your unique situation. We say this now because it’s important to note that Texas does not recognize legal separation. But for discussion’s sake, let’s explore legal separation and divorce a bit more in today’s blog post.
What Is a Legal Separation?
When you get a divorce, a Court of law permanently and legally dissolves your marriage and helps you work through matters such as child custody, spousal maintenance, property division, child visitation, etc. You are no longer husband and wife. Meanwhile, a legal separation is when a married couple separates but is still considered legally married in the eyes of the law. The wife may stay in the house with the kids while the husband lives in an apartment, or vice versa. They may even go so far as to separate their finances, live independent lives, and work out a specific child custody and visitation schedule. But again … they are still legally married.
For Texas residents, choosing a legal separation over divorce is not an option because Texas does not recognize legal separation. In states that do recognize legal separations, a couple would often still need to petition a Court to legally recognize it.
There are a few reasons why couples might consider legal separation versus choosing to get divorced.
- They want to leave the door open to possibly reconcile in the future.
- They can spend time apart while they determine how they might want to pursue divorce in the future.
- One or both spouses don’t believe in divorce due to religious beliefs.
Please call Christman Daniell Attorneys, for your legal needs today!
Looking for expert family law services in Collin County, Texas? Christman Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities like Allen, Anna, Blue Ridge, Carrollton, Celina, Colleyville, Dallas, Fairview, Farmersville, Frisco, Garland, Josephine, Lavon, Lowry Crossing, Lucas, McKinney, Melissa, Murphy, Nevada, New Hope, Parker, Plano, Princeton, Prosper, Richardson, Royse City, Sachse, Saint Paul, Van Alstyne, Weston, and Wylie, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman Daniell Attorneys to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman Daniell Attorneys, believe in tailoring legal advice and solutions to your own personal circumstances.
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