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Get a Texas Legal Separation Without Going to Court

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Mark Taylor
Get a Texas Legal Separation Without Going to Court

You're not alone. For several reasons, many people in Texas choose to get divorced without going to court. They file for legal separation instead and end their marriage through this process. The most significant reason why you may want to consider getting a texas legal separation rather than divorce is that it will be easier on your children if they are still living with you at home. Some tax implications make it preferable for some families.

What is a Texas legal separation, and how does it work?

A Texas legal separation is when you are still legally married but have moved out of your spouse's household. This form of separation does not require a court order or agreement, and it also doesn't make the person leave the marital home like in a divorce.

A texas legal separation gets used as a way to gain some space from your marriage without formally ending it because you might want to see if things improve with counselling, or they could lead back into an amicable reconciliation. Texas has no-fault grounds for breaking up marriages (like adultery), so both spouses must consent to the separation. When you have a Texas legal separation, there is no need for either spouse to hire an attorney, and it doesn't cost anything.

Advantages of getting a Texas legal separation

  • The main advantage of obtaining this is that the person who is not filing for divorce does not have to go through a trial court.
  • When you get a Texas legal separation, it's treated as an actual marriage and can do without going in front of a judge or even getting one signed.
  • It also has many benefits, such as providing stability and enabling both parties to support themselves financially during a time when they need some breathing room from each other.
  • It can also prevent the courtroom drama that goes along with a divorce, simplifying or ending property rights.
  • Another possible benefit is that you don't need to worry about custody battles since none of those is in a Texas legal separation

Disadvantages of getting a Texas legal separation

  • The main disadvantages are that a legal separation is not as enforceable as a divorce and that there are no alimony or spousal support payments in the case of an amicable split.
  • Another disadvantage of a legal separation is that there may be limbo in terms of what the law allows you to do. For example, if one partner has less than six months left on their military service obligation and they get legally separated at this time, then they will need approval from the other spouse or an extension before it expires for them to leave. Without such permission, they could face criminal penalties as well as fines and jail time.
  • Since spouses can live separately without being officially divorced (and still have access to marital assets), some people question whether getting a divorce is worth all the paperwork with no guarantee that it's final until your marriage license expires. They also wonder why there would ever be any reason to need a divorce in the state of Texas when they can get an annulment for any reason at all, with no waiting period.

You want to get legally separated from your partner and get on with rebuilding your life without the stress of dealing with a major court case. Form.Legal has provided an easy solution for you by delivering Texas legal separation agreement form to do this at your home whenever convenient for both parties involved. Thus if you are interested in one, download it from here today!

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