Texas does not recognize legal separation, but other options are available to achieve a similar outcome.
Our Frisco divorce attorneys can help you understand how to leverage these legal options. They may benefit your final divorce decree and ensure that your rights are protected as you work through issues with your soon-to-be ex.
Temporary orders
Temporary orders for divorcing couples in Texas are court-ordered directives that address the logistics of immediate, practical issues until a final divorce decree is confirmed. This can include but isn’t limited to:
- Child custody and support
- Who may stay in a shared home
- Property division and debt division
- Spousal maintenance
If you have shared children, temporary orders can ensure that your children are supervised and safe and that, if you are awarded primary custody, the other parent pays support for them.
If there is a dispute over who remains in the marital home, a temporary order can force one spouse to move out until the divorce is final. This can apply to a rental property as well, even if both spouses are on the lease.
Temporary orders can restrict what each spouse may or may not do, such as contacting the other party directly, going to work, or picking up shared children from school. Both parties may agree to temporary orders and file them with the court. Or, a family law judge may issue them if one spouse submits a petition.
You may petition the court for specific temporary orders with evidence to support your petition. Alternatively, you and your spouse can work them out and submit them to the court.
Protective orders
If you are worried about your or your children’s safety after filing for divorce, a Temporary Protective Order (TPO) can:
- Prevent the other spouse from approaching you and your children
- Remove them from the house
- Prohibit them from contacting you
- Keep them away from your workplace
Your PO can also include financial support if you need it.
Protective orders are issued by a Texas family law judge. You and your attorney can file a petition. If you’re in imminent danger or have been threatened, you may be able to secure an ex parte temporary protective order. This order keeps your spouse away from you until a judge can hear both sides of the argument.
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Filing a Suit Affecting the Parent-Child Relationship
Filing a https://texaslawhelp.org/article/sapcr-custody-cases is another legal option that works similarly to a legal separation. SAPCR is a custody arrangement but is outside of the divorce process.
The petition includes possession and visitation orders and child support requests. In a SAPCR, rulings are made in the child’s best interests, based on:
- The stability of each party’s living arrangements
- The child’s needs
- Each party’s ability to provide care, supervision, and support for the child
A SAPCR solely concerns children; it does not address other issues in a divorce. So, if you and your spouse can agree on everything but child possession and support, then filing a SAPCR may be the best option until the divorce is final.
Separation agreements
A separation agreement details the rights and duties of each spouse while the divorce is pending. It sets requirements for property division, assigns debts, sets a schedule for child custody, and addresses child and spousal support.
While there is no legal separation in Texas, a separation agreement can be a valid contract written and signed by both parties. It can define the issues in your divorce and may help you reach a compromise for the final divorce decree.
Small mistakes, or provisions that violate public policy, are unconscionable, or are not in the best interest of a child, in a separation agreement may complicate matters or be subject to interpretation or modification by the court down the line when you’re negotiating a divorce decree or if a judge is making rulings in your case. Your lawyer can draw up an agreement in your best interests or review an agreement presented to you to ensure you’re fairly treated.
A separation agreement can be beneficial if you believe you can’t settle your divorce quickly or are unsure if you want to commit to the divorce. If circumstances change later, you may (or may not) be grateful for this contract.
Protect your interests in a separation or divorce
Are you contemplating divorce and want to explore your options? Have you been served with divorce papers and need legal representation? Albin Oldner Law attorneys can help. We can guide you through the divorce process, draft and file the right protections while the divorce is pending, and respond to legal motions filed by your spouse.
We represent your best interests and advocate for you and your family. Call us at (214) 423-5100 for an appointment.
