Since Texas does not recognize legal separation, however, it is good to remember that parties are not fully protected while separated.Because no documentation recognizes a legal separation, you remain married even if you are not living together.While division of assets and child support could work in this scenario if you and your spouse agree, if one of you changes your mind, you will not have legal protection.
Since Texas has no legal separation laws, informal separations are often worked out.
Separation can be a viable option for a couple who has not decided to divorce yet and is still trying to determine the best option.
Living apart can give a couple the space and time they need to decide if they want to resolve their problems or part ways permanently.
Time apart can be time to heal, time to receive counseling and time to focus on how to put a marriage back together.
Sometimes, couples are able to work out an informal separation for five years up to a lifetime.
Texas recognizes temporary orders, at the time a divorce is filed. To obtain a separation in Texas, a couple may file for a Suit Affecting Parent-Child Relationship (SAPCR) and a community property division case without a request for a termination of the marriage.A divorce must be filed if a court is to make temporary orders concerning property, support, children, and so forth. Texas also allows “contractual separation” which is when a married couple enters a binding agreement concerning certain issues (child custody, spousal support, etc.), but which does not terminate the marriage relationship.Suit Affecting Parent-Child Relationship Suits Affecting the Parent-Child Relationship are the rights and responsibilities of parents, that are often defined by the court.When a couple, who has children, files for a divorce, the case automatically includes SAPCR.When a couple is separated but have court orders in effect for custody, one of the parents will frequently file a SAPCR.When this needs to be changed, it is called a Suit to Modify Parent-Child Relationship.