Today we tackle what is separation in marriage and how it is different than divorce. Separation is very different from divorce, and unlike in some states, it is not legally recognized in Texas. It is difficult to explain that there is indeed a difference. What you have to keep in mind is that legal separation is merely a term of art to describe the first steps in any divorce.


In other states, like California, people who are married may file for legal separation. In this they want the court of record to acknowledge that they are separated. The couple negotiates custody, child support, alimony and other aspects similar to divorce. But they are not legally divorced. They remain married and in effect are bound to inherit and have and hold together as if they are married for all legal purposes. Legal separation is as far as people in these states can go without a final decree of divorce being entered.


Texas does not have statute or legal authority for spouses to separate on paper and do the above. Instead, the spouses must file for divorce. While the divorce is pending they may seek temporary orders which negotiate custody, child support, property division and all aspects of divorce, but they are still legally married. In Texas a marriage is not legally dissolved in any aspect until a final decree of divorce is entered and ordered by the court. The temporary orders that can be entered have the same effect as a legal separation, but are the result of an overall pending divorce.


We hope you enjoy our article over: separation. If you have questions regarding divorce, custody, or child support contact us here HERE. Our trusted and tried lawyers are waiting to help you avoid disaster in divorce. We are here to live up to our mission: We Make People Single.

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