Legal Separation Vs. Divorce in Texas
- In many states, a legal separation is an arrangement for couples who do not want to divorce but have child custody, property or debt-related issues that need to be resolved in court. Texas does not recognize or allow individuals to file for legal separation. A marriage in Texas is valid until the final decree of divorce is granted.
- Texas recognizes both at-fault and no-fault divorces. No-fault divorces are granted on the grounds of irreconcilable differences between the two parties. An at-fault divorce is when one party petitions the judge for a divorce on grounds such as adultery, cruelty, abandonment or imprisonment of the other spouse.
- Texas is a community property state. This means that any assets or money the partners earned during the marriage is joint property. The courts are in charge of deciding who gets what. Temporary orders are granted from the court during the divorce process that determine child support amounts, alimony and visitation schedules. These orders are in effect until the divorce is finalized.
Legal Separation
Divorce
Community Property
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