Search Site
Understanding Separation

Understanding Separation in Lubbock

Lubbock, TX 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.

Experienced Legal Representation in Western Texas

Help with your divorce, child custody, or other family law issue is only a call away. Contact Robert Reid McInvale toll-free at 833-884-3087, or complete our online contact form.

Contact us for help with your divorce, child custody, or other family law issue
Robert Reid McInvale Attorney Photo
Robert Reid McInvale
Attorney at Law

Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Lubbock. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

What our clients are saying

  • yelp

    Highly recommend him! Excellent legal representation. Highly skilled, held in high regard in the legal network, professional, intelligent and gets the results you need.

    Read more

    Marianne K.

  • google

    I rarely take time to post online reviews but our experience with Reid McInvale has been so good that I want to do whatever I can to help other people find this attorney. it was overwhelming when we started looking for a divorce and child custody att...

    Read more

    Cheryl Wiker

  • google

    Don't waste your time and money searching and interviewing other lawyers. Mr. McInvale did my custody case in 2010 and I have always returned to him when I had an issue or a question. He is a very truth speaking and up front attorney. He is NOT like ...

    Read more

    Mandi Friestad

  • google

    Mr.McInvale gets the job done. Most definitely willrecommend him and consider in the future as necessary to family & friends! If you need a Divorce call him.

    Read more

    Julia Coleman

See all reviews
Contact us

Quick Contact Form