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Can I Get a Legal Separation in Texas?

 Posted on March 15, 2022 in Divorce

Travis County Divorce AttorneyNot every married couple who decides they do not want to live with their spouse files for divorce. There are couples who make the decision to separate either before or instead of filing for divorce. There are several reasons why this may be more beneficial than immediately filing for divorce. The following is a brief overview of what some of the benefits are, however, an Austin family lawyer from our firm can evaluate your situation to see which option is the right one for you.

Reasons for Separating

When a couple is separated and no longer living together, they are still legally married even if they are living apart. They may be living entirely separate lives; however, neither spouse is free to marry anyone else. However, there are benefits this separation can offer a couple.

The couple can continue to enjoy some financial benefits living apart instead of divorcing. For example, if one spouse covers the other spouse under their employer’s health insurance, this arrangement could continue indefinitely if the couple is separated. If the couple divorced, the insured spouse would no longer be covered.

The couple could continue to take advantage of tax benefits if they are separated which would end if they divorced. This may also apply to certain insurance and other discounts married couples receive that divorced couples do not.

Religious beliefs are another reason why couples separate instead of divorce. There are some religions where divorce is unrecognized, or it is forbidden. A divorce can result in the spouses being excommunicated from their church or otherwise shunned. Yet the reality is that marriages do not work out and some couples are much happier apart than together.

One of the most common reasons why couples separate is because they are not really sure they want to divorce. They know they are both unhappy and that the marriage has issues, but neither one is ready to take that final step. Many couples will take the opportunity to attend marital and family counseling to see if they can work through their issues.

No Legal Separations in Texas

Unlike many other states, Texas does not recognize or grant legal separations. However, that does not mean you and your spouse do not have alternatives that can provide the same protections. Your attorney can draft a separation agreement for you and your spouse to sign, along with filing for temporary orders with the court and a Suit Affecting the Parent-Child Relationship (SAPCR).

Contact an Austin Divorce Attorney

If you think that living apart from your spouse may be the choice for you, whether prior to filing for a divorce or for the long-term, it is important to speak with a skilled Travis County divorce lawyer to make sure that you and your children are fully protected. Call Powers Kerr & Rashidi, PLLC today at 512-610-6199 to schedule a free consultation.




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