Texas, unlike some other states, does not recognize legal separation, but informal separations can be worked out with the assistance of legal separation attorneys in Katy, TX. Some couples feel that they need some time and space in order to discover if their marriage can be saved. Others may have religious, financial or other motives that make it desirable to live separately but not get divorced.
Separation Does Not Offer the Same Legal Protection As Divorce
The important thing to remember is that the couple is married unless they legally divorce. Neither can remarry. One of the spouses could later want to change their private agreement or simply cease abiding by it. The other spouse would not have the same protection as if they were divorced and the court had signed off on the division of property, spousal support, etc. It would be necessary to file a civil lawsuit to ask the court to issue an order directing the other party to comply with the agreement.
Contractual Separation Agreement
The spouses draw up their own separation agreement, normally with the assistance of an attorney. The agreement is intended to resolve issues related to division of property and debt, child custody and support and other matters. It generally covers the same issues that would be addressed in a divorce, but the court does not sign off on this agreement. As stated above, a civil lawsuit would be required to settle any disagreements that arise in the future.
Suit Affecting Parent-Child Relationship (SAPCR)
An SAPCR details the rights and responsibilities of both parents (custody, support, visitation, etc.). If a couple with children files for divorce, an SAPCR automatically becomes part of the divorce case. A separated couple can file an SAPCR and modify it later if necessary.
Partition and Exchange Agreement
This agreement concerns the transfer of property from one spouse to the other, allowing that spouse to own it separately. Both partners must sign the agreement, or it is not valid. These agreements can become very complicated so legal assistance is recommended.
The Vendt Law Firm, PLLC is headed by Frank J. Vendt, Jr. He is a very experienced attorney who is committed to handling and solving each case with the utmost professionalism and dedication. If you are seeking assistance from legal separation attorneys in Katy, TX, contact the firm for a free initial consultation to discuss your case. Click here to learn more.
Be the first to like.