Legal Separation vs. Divorce in Texas

For certain couples that are experiencing marital difficulties, divorce may not be an option for reasons associated with religion or personal circumstances. One option that couples may consider could be legal separation, where the spouses live apart from each other but are still legally married under the law. This option has advantages and disadvantages which may influence the couple’s decision on this particular course of action.

If you are considering dissolving your marriage by way of annulment, legal separation or divorce, it is best to contact an experienced attorney to help with the process. That way, you can increase your chances of a favorable result in court relating to division of assets, and child support and custody. To speak with an attorney regarding your individual case, contact the Conroe divorce lawyers of Garg & Associates, P.C. at 281-362-2865 today.

Provisions of Legal Separation

Legal separation has the following provisions under Texas law:

  • Legal separation is not a viable relationship status in the state. Either you are married or you are not.
  • Because legal separation is not a legal relationship status, no court orders can be upheld relating to child custody and support or monetary determinations. This can only be done through a divorce.
  • Temporary orders may be placed on the couple, but hence the name, they are only temporary. The only way to make sure the decisions are final is going through with a divorce proceeding.
  • If one spouse defaults on a previous agreement, there are no legal ramifications if the couple is under “legal separation”.

If you believe legal separation is the best option for you and your spouse, you may still want to work with an attorney to learn about your rights in this situation. If divorce is the course of action that is preferred, a lawyer can help you present your case in a court of law and make sure you are getting all of the funds to which you are entitled.

Contact Us

To learn more about Texas family law or divorce, contact the Conroe divorce attorneys of Garg & Associates, P.C. at 281-362-2865 today.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.