Midland Legal Separation Attorney

Get the Legal Guidance You Need from The Stuart Firm

At The Stuart Firm, we understand how difficult legal separation can be for families. Whether you are the spouse who wants to separate or the spouse who is being asked to leave, divorce can be overwhelming. We are here to help you navigate the legal process and protect your rights and interests.

Learn more about how our Midland legal separation lawyer can help you. Contact us online or call (432) 284-4411today!

What is a Legal Separation in Texas?

While a legal separation is not a prerequisite for a divorce, it can help you prepare for divorce and protect your rights during the process. A legal separation allows you and your spouse to live apart while maintaining many of the legal benefits of marriage. You and your spouse will still be legally married, but you will no longer be required to live together. You will also still be responsible for your spouse's financial support, just as you would be if you were still married.

Legal separation allows you to take time to consider your options and make the best decisions for your future. It can also give you and your spouse time to work on improving your relationship, if that is a possibility. If you and your spouse are not willing to divorce, a legal separation can at least allow you to separate without the pressures of divorce and all that it entails. Finally, a legal separation can help you and your spouse prepare for and navigate divorce, if that is your ultimate decision.

How Long Does a Legal Separation Last in Texas?

A legal separation can last indefinitely, or it can have an agreed-upon end date. The end date of your legal separation will be determined by the terms of your agreement.

For example, you and your spouse may decide that you will live apart for a year, after which time you will either divorce or decide to continue your marriage. Or you may decide that you will live apart until you resolve certain issues, such as child custody, alimony, or child support, after which time you will either divorce or resume your marriage.

What Is Considered Separate Property in Texas?

In a legal separation, you and your spouse may decide to divide your property into separate and marital property, as you would during divorce. In Texas, all property acquired by either spouse during the marriage is considered marital property, even if it is held in only one spouse's name. Any property acquired before the marriage or by gift or inheritance is considered separate property.

Marital property includes assets like a home or bank account that was acquired during the marriage, either by purchase or by gift or inheritance. Separate property includes assets like a home or bank account that was acquired before the marriage or by gift or inheritance. Separate property is not subject to division in a divorce.

In Texas, separate property includes the following:

• Property owned before the marriage
• Property received as a gift or inheritance during the marriage
• Property acquired by the sole effort of one spouse during the marriage (e.g., wages)
• Property used for separate and marital purposes (e.g., a car)

If you and your spouse can determine what is separate property and what is marital property, you may decide to divide your property as you would during divorce. If you and your spouse cannot agree on what is separate property and what is marital property, the court will make the determination for you.

Can You Remarry After Legal Separation?

In Texas, as in many other states, legal separation does not allow spouses to remarry. When a couple is legally separated, they remain married in the eyes of the law, meaning that neither spouse is free to enter into a new marriage. This status is distinct from divorce, which formally dissolves the marriage and allows both parties to remarry.

Legal separation is often pursued for various reasons, including maintaining health insurance benefits, preserving religious beliefs, or allowing time for reflection before deciding on divorce. However, it's important to understand that a legal separation is a temporary arrangement that does not grant the freedom to remarry. If a couple decides that they no longer wish to remain married, they must file for divorce to terminate the marriage legally.

Those considering legal separation should consult with an experienced attorney to discuss their options and the implications of their decision. An attorney can provide guidance on how legal separation may impact other legal matters, such as child custody, support, and property division. For more information on legal separation and related issues, it is advisable to consult a knowledgeable legal professional.

Contact The Stuart Firm

We can help you with all of these issues, no matter how complicated your case may be. We can also help you with paternity issues and annulment if you are no longer married but are still legally tied to your spouse.

Learn more about our legal separation services by contacting us online or calling (432) 284-4411.