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Can I get Legal Separation in Texas?

Post by Christopher Migliaccio

The quick answer is no, Texas does not have legal separation.  Texas law does not require you to be legally separated prior to getting a divorce.

However, in most cases, the need for legal separation can be met with temporary orders.  If you are looking for a court order to provide stability to you while you are getting divorce, then temporary orders may be your best option.  They allow you to obtain a court order that will outline you and your spouse’s rights and responsibilities.

Temporary Orders can protect your interests regarding property or your children while you are getting divorced in Texas.

Texas law does provide for separation agreements which are also called property partition agreements.  Unlike temporary orders, these are a contractual agreement between you and your spouse and not a court order.  These agreements can be used to divide assets and spell out rights and responsibilities.  Again, this is a contractual agreement, not an order from the court.

The difference between a court order and contract is the way they are enforced.

FAQ Category: Divorce

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