Understanding Separation in Houston

The Houston law firm of Robert Reid McInvale can help you by providing advice on your desire to separate, as well as offering assistance through any subsequent mediation process and, if necessary, during your divorce.

According to the legal definition, a “separation agreement” involves more than one spouse moving out of the marital home. It is a court-ordered proceeding for married couples who want to live apart with the rights and obligations of divorced persons, except without getting an official divorce decree. A person may petition for a legal separation using the same grounds as a divorce and make requests for custody of their child, alimony, child support, and division of property. It is an alternative to divorce that is legally recognized in many states, often chosen by couples who don’t want to live together anymore but, for whatever reasons, don’t want to entirely end their marriage. Under the terms of a legal separation agreement, neither spouse can remarry until a divorce is finalized.

Texas does not recognize legal separations. The state’s official stance is that a couple is either married or not – nothing in-between. So, regardless of the reason for or length of separation, once a couple is married, they remain so under Texas law until the union is legally dissolved by divorce, annulment or death.

Although Texas does not allow for legal separations, the state does have a no-fault divorce law which allows spouses to file for divorce without having to prove grounds, assuming both are in agreement to all the terms of the divorce.  They simply have to prove that the marriage cannot be saved because of irreconcilable differences, which can be done by having one or both parties state that the marriage is irretrievable and that they refuse to reconcile no matter what.  

Attorney Robert Reid McInvale can further explain the issues around separation with regards to the laws of Texas and all the avenues available to you should you agree to either pursue mediation or dissolve your marriage.

Help with your divorce, child custody, or other family law issue is only a call away. Contact Robert Reid McInvale toll-free at 866-959-7824, or complete our contact form at www.mcinvaleattorney.com. The Woodlands phone number: (281-367-4422).