The State of Texas does not provide legal separation as an option for spouses preparing for divorce. If you’re not ready to fully divorce but believe physical separation from your spouse is necessary, you’ll need to consider legal separation alternatives in Texas. During this period, you may face challenges, such as protecting yourself financially if your spouse handles money recklessly. It can be stressful to separate, knowing your spouse might incur debt or mismanage your community estate. Until the judge signs the Final Decree of Divorce, you remain legally married and carry significant liability, making understanding legal separation alternatives in Texas crucial for managing this transitional phase.
Is a legal separation possible for any reason in Texas?
The reality is that legal separation is not a possibility in Texas for any reason. The Family Code does not allow for this status in your marriage or relationship status with your spouse. Legal separation may seem to be an in-between option for you as you wait to determine whether a divorce is in your future. Almost like having the best of both worlds- you can remain married to determine whether a reconciliation is possible. At the same time, you can be separated and have a jump start on divorce (and dating). However, Texas does not allow for this. You can physically separate from your spouse, but you cannot achieve legal separation until the judge grants your divorce.
You might think of legal separation as a way to have your cake and eat it too, but Texas offers legal separation alternatives that can help you achieve similar goals. These include protective orders, Suits Affecting the Parent-Child Relationship, and Temporary Orders. If you aimed to work out agreements on visitation, provide financial support, and prioritize negotiation over litigation in a future divorce, these options can be incredibly valuable.
Temporary Orders in a Divorce case
When we talk about temporary orders in a divorce case there are several different advantages that this process can offer. First, temporary orders can determine who will have possession of your kids during the divorce case. You and your spouse may not be able to agree on much these days- hence the divorce. However, even if you cannot agree on anything of relevance to your lives, temporary orders can provide you with marching orders for your case as far as the most important subjects related to divorce. Foremost among those orders are those that relate to the possession of your children during the case.
Protective Orders in a divorce
You can obtain a protective order if you have been a victim of family violence. Although Texas does not recognize legal separation during a divorce, a protective order can provide protection and address safety concerns. The protective order can state where your children are going to live during the divorce and who can have access to them. An important question during a divorce case is who can stay in the home and who must leave. Rather than worrying about your spouse coming back home and you asking him or her to leave, a protective order gives you some peace of mind when it comes to him or her returning to the home and attempting to gain access to you, the kids, or your possessions.
Protective Orders: Safeguarding During Divorce
More specifically, you can obtain a protective order against your spouse if he or she has hurt or threatened you. Your motivation may be to prevent this type of event from occurring again and a protective order can assist with that. In your petition or motion for a protective order, you will need to ask the judge to do specific things for you. For example, if you want the judge to issue orders regarding your home, kids, or child support then you should ask for that in the petition.
What a protective order can do is help protect you and your kids while you wait to go before a judge for a hearing in your divorce. You can obtain a protective order without providing notice to your spouse in certain circumstances. This process is called a temporary ex parte protective order hearing. If you do not receive a court document called a temporary ex parte protective order signed by a judge, you do not yet have a protective order. Just applying for a protective order does not mean that you have a protective order.
Testifying at a Protective Order Hearing
Testifying at a hearing may be necessary depending on the circumstances of your case. You should be ready to speak to the judge when asked questions by your attorney or the judge. The judge may believe it is necessary to order your spouse to leave the home immediately upon the hearing completion. The signed protective order will give you the legal authority to do so.
The bottom line is that you need to go to court to get a temporary ex parte protective order. Once you file your petition, the court will schedule a hearing, typically within a few weeks unless you request an emergency protective order. The hearing will also determine the length of the protective order. The longest a protective order will last in most cases is two years.
What are some of the consequences of being physically separated from your spouse but not being divorced?
Living apart from your spouse is not as uncommon as you may think. However, there are risks associated with not divorcing your spouse once you physically separate from one another. For one, there are significant financial consequences to remaining married to a person that you are not living with. Imagine a situation where you and your spouse are not living together, and you have no control whatsoever over what that person is doing from a lifestyle perspective. What could this mean?
First, it means that you are not as likely to be able to gain access to their paycheck each month. Living apart physically more than likely means that you will be starting to live apart financially, as well. Your spouse may go ahead and open up their checking account and deposit their paychecks into that account. Not having access to those funds can be difficult for you and your children. A two-income household suddenly going down to a one-income household is not easy from a budget perspective.
It’s not as if the household bills and mortgage payments will be cut in half simply because you file for divorce. While utility bills and things of this nature may not be top of mind for you as you begin a divorce, those bills are not going anywhere. They can catch you by surprise if you are not focused on making sure that these items are accounted for each month.
Managing Financial Risks During Divorce
Have you stopped to consider what your spouse may be doing as far as debt and your marriage? If your spouse has a history of financial misdeeds or at least irresponsibility, then you should want to pay close attention to him or her. Could your spouse open a line of credit in your name? Yes. Could your spouse open a credit card in your name? Yes. Could your spouse simply overspend on a credit card that you both have together because he hasn’t realized that your budget is being stretched thinner than ever? Also, yes. These are real-life considerations to pay at this time in your life.
Showing up to the grocery store and not having the money in your checking account to pay for those groceries can be a tough feeling to deal with. Your debit card is declined at a cash register in Houston can be especially tough if the cause of that decline lives in Dallas or San Antonio now. Your spouse may not even take your phone calls to address the issue. This could have been prevented by filing for divorce as soon as you realized that reconciliation was not possible and that moving out was the final step in that process. Do not hesitate when you have a belief that the marriage is moving towards a divorce. Decide on then act on it.
Managing Finances and Logistics During Separation
If you and your spouse are no longer living together, you may encounter miscommunication issues regarding bill payments and other essential family expenses. For instance, your spouse might remove their checking account from the autopay system for utilities, leaving you to set up a new account or manage payments manually. While this isn’t catastrophic, it can cause temporary service interruptions and logistical challenges. Considering legal separation alternatives in Texas can help manage these issues during this transitional period, particularly as you handle the complexities of raising children and starting a divorce.
Your spouse living apart from you opens a world of possibilities as far as their behavior is concerned. If your spouse has moved out in part to begin dating or to pursue a romantic relationship, then the chances are good that your spouse will begin to spend money on that relationship. Think back to the beginning of your relationship with your spouse. I am confident that you and your spouse spent more money on one another during this phase in the relationship than you did while married and living together. That’s just the nature of the courtship process. You can expect the same to apply to your spouse and their new romantic partner.
Protecting Community Property During Separation
The only thing is that your spouse will be spending community property income to purchase dinners, gifts, and other treats for their significant other. Remember, since Texas does not recognize legal separation, any income spent on these expenditures remains just as much yours as it is your spouse’s. Their spending of this money takes away resources from you, your kids, and the divorce process. Until the divorce has begun your spouse using this money on their paramour is no different than me taking a friend out to lunch one day.
Take a moment to consider this: until you file for divorce, you are essentially allowing your spouse to continue their actions while apart from you. Filing for divorce allows you to address these activities, reduce your financial exposure, and ensure that your spouse’s resources support the best interests of your children. Exploring legal separation alternatives in Texas can also help you manage this transitional period effectively. Taking decisive action, such as moving forward with a divorce, empowers you to address these issues and alleviate financial stress for you and your family.
How do you know when a divorce is imminent?
This is a question that our attorneys receive with some regularity. It is difficult to be able to give you a specific answer to this because every relationship is different. Some marriages can come back from difficult circumstances easier than others. Some people can more effectively communicate and therefore sort through all the tough times better. It all depends on you, your spouse, and your life together. Without knowing anything about that we cannot provide you with any specific response to this question via an internet blog post.
However, there are ways for you to sort through the emotions, circumstances, and everything in between when it comes to determining when your marriage is moving toward a divorce. First, if you and your spouse are still communicating with one another then that is a good sign. Communication allows you and your spouse to, at least in theory, work through your issues using whatever skills you have at sorting through problems together. If you are willing to put in the extra effort, to talk honestly with one another when the kids are in bed and the television is off then you have the framework in place to work on these problems and avoid a divorce.
Using Marriage Counseling to Gauge Commitment
Marriage counseling and therapy is also a great litmus test to determine how committed you and your spouse are towards salvaging the marriage. If you bring up the subject of therapy wait a moment and see if your spouse responds favorably. Being willing to discuss therapy is a good sign in and of itself. Your spouse attending therapy with you is a great sign. Completely not being willing to consider it as an option is a sign that your marriage may be in more trouble than you had thought previously.
If your spouse has cut off all communication and moved out, it likely signals the end of your marriage and the approach of a divorce. Confronting this reality can be challenging, but avoiding it can lead to the financial difficulties discussed earlier. While divorce is a critical step to resolve a marriage, exploring legal separation alternatives in Texas can offer additional ways to protect yourself and your children from adverse actions by your spouse during this transition.
The Limits of Informal Agreements During Separation
Any agreement that you and your spouse come to informally between one can potentially help divide responsibilities between one another for a short period. However, you need to know that any kind of agreement like this is not a legal contract or something like a temporary order that you can obtain through a court. To have something more formal and legally enforceable you need to file a divorce and obtain a court order from there to have some peace of mind about what will happen regarding your life during the divorce itself.
On top of that, you still need to have a plan in place for your life after a divorce. You can overcome the challenge of moving forward with your life by hiring an experienced family law attorney to guide you through the necessary steps to obtain a divorce.
In conclusion, while Texas does not offer legal separation as an option, exploring legal separation alternatives in Texas can be crucial for those who need physical separation without finalizing a divorce. By understanding these alternatives and preparing for the potential financial implications, you can better protect yourself and manage the transitional period. Remember, until the divorce is finalized, you remain legally married and bear associated liabilities. Staying informed about your options is crucial for effectively navigating this complex phase.
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Other Articles you may be interested in:
- Legal Separation in Texas?
- Frequently Asked Questions About Legal Separation
- Legal Separation vs Divorce: Pros and Cons
- The Impact of Divorce on Children
- How Does Incapacity Affect You During Your Divorce?
- How to do Your Own Uncontested Divorce in Texas
- How to seek out an expert divorce lawyer
- What can be used against you in a divorce?
- Uncovering Divorce Statistics: What Really Matters for Your Marriage
- How much does a divorce cost?
- How to handle a Texas divorce when you were married in another state
- Do I need a reason to file for divorce?
- Contemplating Divorce
- Should you separate first before divorce?
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
