4320 W. Vickery Blvd, Suite A, Fort Worth, TX 76107
817-332-7703 Schedule an Appointment With Us Online »
Historical Fort Worth courthouse

In Texas, Legal Separation Doesn’t Exist

Deciding to separate is a tough decision that may be made for religious or financial reasons. In some situations, a couple may separate in the hopes of having a “cooling off” period and eventually reuniting. In others, the couple may be taking space to determine their next steps on their divorce journey. Although Texas does not recognize legal separation, it does offer alternatives to separated spouses. At the Law Office of Kyle Whitaker, our Fort Worth divorce lawyer is happy to walk you through these alternatives to safeguard your legal rights.

Legal separation allows a couple to remain legally married while permitting the court to make decisions regarding property distribution, alimony, child support, and child custody. Texas is one of the few states that does not recognize legal separation. Unfortunately, separation without a legal framework can wreak havoc on your finances. Thankfully, there are other options that will allow you to protect your interests during separation.

Temporary Orders

The court always reviews the best interests of the child when issuing any type of order. Temporary orders may be issued by the court to protect your child’s interests. Temporary orders will address who retains custody of minor children, who pays which bills, and who is able to stay in the marital home.

In a separation, a temporary order can include provisions on:

File a SAPCR to Establish Custody and Support

In some situations, you may need to file a Suit Affecting the Parent-Child Relationship (SAPCR). This will be separate from divorce proceedings, but may be required if you were never married to your child’s other parent. In most cases, it is the noncustodial parent who files a SAPCR since the custodial parent cuts off access to their child upon separating.

Protective Order (Available to Victims of Domestic Violence)

If you are the victim of domestic assault, you can file a petition with the court to issue a protective order. It does serve as a type of legal separation, stating who can remain in the marital home, who your children live with, and who is allowed to see your children. A protective order typically lasts two years but can be extended in certain circumstances.

Out-of-Court Separation Agreement

In cases in which the court does not make a ruling on support, custody, or spousal maintenance (alimony), you and your spouse can reach an out-of-court separation agreement. The separation agreement may address the following:

An out-of-court separation agreement is an option if you and your spouse can agree on the terms or are willing to reach a compromise. Our Fort Worth divorce lawyer will advise you on how to address certain issues while negotiating the terms with opposing counsel. This is a legally binding agreement, so it is crucial that the terms fit the needs of you and your children. If you and your spouse decide to reunite, the agreement can be rescinded.

Contact Our Fort Worth Divorce Attorney Today

Each married couple should do what is right for them, whether that be filing for divorce or separating for a period of time. At the Law Office of Kyle Whitaker, we strive to do what is best for you, based on your unique circumstances. To schedule your consultation with our Fort Worth divorce lawyer, contact us online or by phone.