Schneider Law Firm, P.C. | Family Law & Criminal Defense

Legal Separation

Legal Separation

Unlike most states, Texas does not currently have laws in place governing legal separation. However, it is not completely out of the question for couples who are unready to commit to the finality of a divorce. Without legal separation, many couples assume the alternative is automatically a divorce. However, informal separation offer nearly all the benefits of legal separations that other states offer. Some benefits include:

- Time and space to evaluate if you really want a divorce

- Less commitment that the definiteness of divorce

- More freedom to talk through conflicts with your spouse

At Schneider Law, we are willing to forego “conventional” methods of family law to best serve your needs and the needs of your family. We have successfully represented hundreds of clients over the years going through a separation or divorce, and are committed to the same understanding and representation for every case.

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Frequently Asked Questions

Is legal separation recognized in Texas?

No, Texas does not recognize legal separation in the same way other states do. You're either married or divorced—there’s no in-between legal status. However, you can create temporary orders or a separation agreement that outlines things like child custody, support, and property division while living apart.
If you're not ready for divorce but need legal protection, contact Schneider Law Firm to discuss your options.

What legal options do I have if I want to live apart from my spouse in Texas?

While Texas doesn’t offer formal legal separation, you can still take steps to protect yourself legally while living apart. Temporary orders or a separation agreement can address issues like child custody, spousal support, and use of property. These agreements can be enforced by the court and may even help lay the groundwork for a smoother divorce later.
Speak with a Schneider Law Firm attorney to create a customized plan that protects your rights during separation.

Can we divide property without getting divorced in Texas?

Yes. Even without a divorce, spouses can enter into a partition and exchange agreement to divide assets and debts. This legally binding contract can clarify ownership of property acquired during the marriage and provide financial clarity while living separately.
If you're considering separation, Schneider Law Firm can help you draft agreements that secure your financial future.

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