It is not uncommon for married couples in Round Rock and elsewhere in Texas to come to a point where they question whether they want to remain legally married to their spouse. For some couples, divorce becomes a real option. Other couples decide they just cannot live together but are unsure about walking away from each other forever. In these situations, it is often better for all involved to have space and separation. If you are unsure about how separation works in Texas or whether it is the right step for you, the Law Office of Jason Wright can help.
Unlike many other states, Texas does not recognize legal separation. The only option for couples seeking to no longer remain married to their spouse under the law is to file for divorce. In 2019, Texas had a divorce rate of 16.96 divorces per 1,000 married women, the sixteenth highest divorce rate in the nation.
The lack of legal separation laws, however, does not mean that married couples must choose between remaining with their spouse forever or getting divorced. Round Rock couples still have the option to informally separate for any length of time. Couples can live separately without committing to a divorce. Spouses can reach an agreement on children, finances, and other matters while living apart, but they cannot file for legal separation under state law.
Even though legal separation is not available to Round Rock married couples under Texas law, spouses still have the option to enter an informal separation agreement if they are no longer happy together.
Couples can decide to informally separate on a temporary basis without the courts getting involved. However, without formal orders signed by a Court, those informal agreements are not enforceable and can be very problematic.
The Law Office of Jason Wright can talk you through your options and how to protect your rights. We are available to answer all your questions.
A legal separation is similar to a divorce in the way the spouses work out financial issues, property division, parenting time, and spousal maintenance. Although Texas does not recognize legal separations, Round Rock couples may still enter into a separation agreement and seek a Court’s approval. If a couple eventually decides to file for divorce, they may agree to use the same terms for their divorce agreement that they used in the separation agreement. This can help the divorce process move through the legal system much more quickly than if they were starting from scratch.
There are also other practical advantages of deciding to separate. Because the couple is still legally married, they can continue to reap the associated benefits if they choose, such as filing a joint tax return or retaining medical benefits. Additionally, separation gives Round Rock couples the space to reflect on their marriage and their willingness to resolve their marital issues.
If you are considering an informal separation, you may be wondering how to separate finances while you and your spouse are still married but living apart. A partition and exchange agreement is a tool that can be used for splitting community property when a couple separates.
The agreement is a way to transfer marital property to your spouse so that it legally becomes their separate property instead of belonging to both of you. The transfer is documented in the deed records of the county where the couple resides. In Round Rock separation cases, this would be Williamson County. In 2022, Williamson County had a divorce rate of 11.2 percent, which is higher than the state’s divorce rate of 10.5 percent.
Provided that you and your spouse can agree on how to divide your property, you will not have to argue about this matter during separation. If you decide to divorce in the future, the property will remain separate property under the agreement.
Before signing a partition and exchange agreement, it is important to discuss its implications with a knowledgeable Round Rock legal separation lawyer. The Law Office of Jason Wright can provide sound legal guidance on how to protect your marital property.
If you are having serious marital difficulties but are unsure about ending your marriage, then separation may be the answer for you at this time. Contact the Law Office of Jason Wright to schedule a consultation with a Round Rock legal separation lawyer to discuss your legal options.
