Legal Separation in Texas and 4 Available Alternatives

Sometimes couples who don’t want to go through the trial or tribulations of the divorce process agree to legally separate. But what is legal separation and what do you need to know about it as a Texas resident? Continue reading to learn more about legal separation in Texas and four available alternatives.

What is Legal Separation and Why Do Couples Choose It Over a Standard Divorce? 

Legal separation allows couples to sever financial ties and live separately (usually for a specified time period) without legally ending their marriage. Why would a couple consider this? Three common reasons people opt for legal separation are as follow:

• Affability: Similar to uncontested divorce, legal separations offer a more cordial resolution to a struggling or failing marriage. Legal separation also keeps the door open to a possible reunion between partners—like a court-approved cooling period for people to spend time apart and decide what they ultimately want to do with their relationship.
• Ongoing Support: In struggling marriages where one spouse depends on the other’s health insurance or disability income, legal separation can be a means to retain those benefits.
• Religion: Couples practicing certain religions also utilize legal separation to end their union without breaking church law or values.

Is Legal Separation Available in Texas? 

Texas is one of a handful of states that does not recognize legal separation. However, there are alternatives that offer similar benefits of a legal separation. You’ll want to have an experienced family lawyer at your side who’s familiar with these options to ensure your rights are protected and your desires are fairly represented.

4 Alternatives to Legal Separation in Texas 

1. Separation by Contract 

While Texas doesn’t recognize legal separation, you can basically create your own through a contractual agreement.  With this approach, you and your spouse agree to the terms of the separation, enter them into a legally binding contract, and sign. As with any contractual agreement, it’s highly recommended to work with a legal expert to ensure the terms, stipulations, and wording are fair and legal within your county and the State of Texas.

With a contractual separation, a family court judge will not rule on the contract should a dispute or violation arise, but both parties will have the support of local civil courts to preside over a breach of contract case in the event either party breaches the agreement.

2. Informal Separation 

As the name implies, an informal separation is a split between partners that’s agreed upon but not legally binding. This is a common choice among couples who can either separate themselves fairly and rationally, or for those with the mutual desire for a reconciliation at some point in the future.

Informal separations remove legal interference and binding rulings that can be troublesome to reverse, but in the same token, they don’t come with the support or protection of legally validated or court-approved measures. For this reason, an uncontested divorce is a safer option if you and your spouse are committed to separating permanently and able to discuss terms and conditions affably.

3. Parenting Agreement 

In separations involving child custody, parenting agreements, also referred to as custody agreements, resolve custody-related issues such as visitation or child support through collaboration and negotiation. Like a contractual separation, the terms are documented in a written and signed agreement. Once again, it’s imperative to have the support and knowledge of an experienced Texas family lawyer to ensure you’re aware of all your options and that your rights are represented fairly in the agreement.

4. Suit Affecting the Parent-Child Relationship (SAPCR) 

A SAPCR is a requirement for unmarried couples who are separating and need to formalize child custody, child support, and medical orders in Texas. SAPCRs can be contested or uncontested depending on whether you and your partner are able to agree to terms. Read this in-depth article on SAPCRs for details on contested versus uncontested SAPCRs, who can file an SAPCR, and the difference between SAPCRs and paternity cases.

Get More Information on Each Alternative to Legal Separation in Texas 

While a legal separation may not be available to you as a Texas resident, the preceding options may be a suitable alternative if you’re not ready or able to pursue an official divorce. Carrington Smyth PLLC, can assist you with each of these options.

Reach out today to learn more and speak to a legal expert.