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College Station Divorce Attorney Discusses Legal Separation

Posted by Chris Peterson | Jul 09, 2013 | 0 Comments

College Station Divorce Attorney Discusses Legal Separation

legal separation in texasLegal separation is in many states an alternative to divorce for couples who may either not be ready to proceed with a divorce or wish to remain married yet not stay together. Texas, however, has no statute which recognizes legal separation. There are ways to, in effect, accomplish such an arrangement, though. To ensure that a legal separation is handled properly it is important to work with an experienced and knowledgeable College Station divorce attorney.

Two Methods for Securing a Legal Separation

Couples who are seeking a legal separation in Texas may do so either through temporary orders or by contractual separation. As your College Station divorce lawyer will explain, this in effect creates what may be considered a “legal fiction”—i.e. a legal separation is secured even though such an arrangement does not exist under state law per se.

A College Station Divorce Attorney on Contractual Separation

A contractual separation is an agreement that, properly executed, is legally binding but does not actually end the marital contract. Thus, a couple is still legally married, and may not pursue marriages to other individuals. A College Station divorce attorney will assist you through the process of setting up a contractual separation. The agreement allows division of assets and debts and sets up provisions for child custody. It is not necessary to go to court to establish a contractual separation.

Temporary Order for Separation as Explained by a College Station Divorce Attorney

Unlike a contractual separation, it is necessary to involve family court to establish temporary orders. Divorce in Texas actually consists of three facets, two of which are handled in this arrangement. As your College Station divorce attorney will explain, the first of the three facets of divorce is the SAPCR (suit affecting the parent-child relationship). The second facet involves division of property.

It should be noted that the orders rendered by the court on these matters are temporary. Thus, it is not accurate to consider temporary orders as a partial meeting of the requirements for divorce. The orders must be revisited should the separating couple decide later to seek a full divorce.

For Assistance from a College Station Divorce Lawyer

If you are considering a legal separation, speak with a College Station divorce attorney who can provide you with the highest standard of advice and legal assistance. Call Peterson Law Group today at 979-703-7014.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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