Legal disjunction in Texas

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When you are experiencing a marital disagreement with your spouse and want to take a step towards divorce, some couples consider legal separation as a viable option. Legal separation is beneficial if both spouses believe that they no longer want to live together but would still like to remain married, either it is a fear of going through separation proceedings or the hope of eventual reconciliation. In some states, this is legally recognized and spouses can ask alimony, child support/custody and department of property under this classification.

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However, Texas has no provisions for legal separation, so a separation must occur to legally cut off the above factors. Texas, however, does recognize temporary orders to be filed at the time the separation is filed. This can help you make impermanent changes while the proceedings are going on.

Because there is no official documentation recognizing a legal separation in Texas, you are still technically married to your spouse while this time. In that instance, you do not have the legal right to divide assets or quiz, child support, even if the spouse agrees. This may be harmonious if both spouses agree to the same terms but, if one changes his or her mind; you will not have legal safety without a divorce. You can also not remarry unless the court grants dissolution of marriage.

In cases of abuse, either to a spouse or child, a separation is very leading in protecting the safety of the victims. Not only should this be brought to court under marital processes, but under criminal law, as well.

Though Texas does not recognize separation, the state does offer a "no fault divorce" law, which allows one spouse to file for a separation without providing grounds, such as adultery or cruelty. In this case, the spouse only has to prove "irreconcilable differences" and that the marriage cannot be saved any more.

Whether you are going through a separation or a divorce, the help of an experienced attorney can help you navigate this often-confusing process. Because each state has separate laws concerning marriage and the dissolution of marriage, you will want to work with a lawyer who has a specialization in your state's laws. separation can often be a difficult, stressful time in one's life, but you can alleviate some of those worries knowing that you have brain and experience on your side in the form of a separation lawyer.

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