{"id":376638,"date":"2016-09-14T14:47:00","date_gmt":"2016-09-14T19:47:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-legal-separation-laws.html"},"modified":"2024-03-06T09:23:34","modified_gmt":"2024-03-06T14:23:34","slug":"texas-legal-separation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-legal-separation-laws.html","title":{"rendered":"Texas Legal Separation Laws"},"content":{"rendered":"\n
\n \n
\n

Texas Legal Separation Laws<\/h1>\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Relationships can be complex. Sometimes, a couple needs a little breathing room to figure things out. One way to do this is with a legal separation<\/a>. You and your spouse can live apart while staying legally married.<\/p>\r\n

Many states allow couples to legally separate while deciding whether they want to get a divorce. Couples can draft a separation agreement that addresses property issues, custody, visitation, and support. It does not carry with it the same enforcement as a court order does until the divorce is finalized.<\/p>\r\n

Separation laws involve a legal agreement that is enforceable with a court order. Unfortunately, Texas doesn\u2019t recognize a legal separation.<\/p>\r\n

Here, we\u2019ll discuss the legal separation laws in Texas. We will also explain options available to couples who wish to separate and hash out issues such as alimony, child support, division of community property, and child custody.<\/p>\r\n

Married Couples in Texas Still Have Options<\/b><\/h2>\r\n

Texas doesn\u2019t offer a legal separation, but that doesn\u2019t mean you don\u2019t have legal options. There are other mechanisms to allow for a de facto separation in Texas. For example, you can seek a temporary order<\/a> or court-ordered marital counseling while your divorce is pending.<\/p>\r\n

Couples can also enter into a formal property settlement agreement<\/a> while married. This agreement defines their rights and responsibilities relating to property<\/a>, alimony<\/a>, child custody<\/a>, and child support<\/a>. This kind of agreement may be preferable for couples who want to preserve their legal union while living apart. Perhaps they want to remain eligible for health insurance that is covered through their spouse’s employer, or they may not agree with divorce due to their religious beliefs.<\/p>\r\n

A couple that achieves a de facto separation during their divorce case can always withdraw their petition and fall back on their written agreements.<\/p>\r\n

Texas Legal Separation Laws: Overview<\/b><\/h2>\r\n

Review the sections below to learn more about the Texas divorce process<\/a> and ways to achieve some form of marital separation in the state.<\/p>\r\n

Texas Divorce Laws<\/b><\/h3>\r\n

There are several statutes, or laws, in Texas dealing with divorce. Some of these include:<\/p>\r\n