What You Need to Know About Legal Separation in Texas

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Many common ideas about divorce come out of Hollywood and New York celebrity divorces, which have nothing to do with a Texas divorce.  For example, you may have heard of “legal separation” as an alternative to divorce or even a stepping stone to help you decide if divorce is the right next step. However, unlike most states, Texas law does not recognize a “legal separation.” Married couples who decide to informally separate, may find themselves in a very vulnerable situation.  If you are considering physically separating, it’s important to know your options in Texas.

Legal Separation in Texas can be confusing because Texas doesn’t recognize a formal status, but you can still protect your family. Through Texas temporary orders, a separation agreement Texas, and careful planning around Texas community property during separation, couples can set boundaries for finances, parenting time, and the home—whether it’s a trial separation Texas or moving out before divorce Texas.

Separate without a legal agreement. 

It is not unusual for couples who are unsure of what they want to do next, to begin living apart without any sort of legally binding agreement in place. This gives both parties time and space to consider what they want with regards to the relationship.  However, the downside of this option is that you are still legally married, with all the shared financial obligations and liabilities. Even when couples go through the step of separating their bank accounts and credit card accounts, many are surprised to learn that under the Texas community property system, simply dividing ownership of accounts does not effectively divide your legal interest in your accounts.  Your spouse will continue to have a community property interest in the money you are earning and saving. Also, you may be on the hook for your spouse’s liabilities. This can leave you vulnerable, because remaining married means you will still have financial liability that’s tied to your spouse.  

A separation can also leave your children vulnerable, as there are no legally binding provisions regarding possession and access to your children, and who is going to be financially responsible for your children.  

Sign a post-marital agreement.

It is possible to legally divide your marital assets and liabilities through a marital property agreement, while still remaining married.  Couples decide to go through this process for a number of reasons, including clarifying who owns which assets as separate property, and who will be responsible for which liabilities.  You may decide that all the money you earn will be your separate property, and there will be no community property. Or, you may decide to go ahead and divide certain assets and liabilities, while allowing for the building of a community property estate through earned income.  You and your spouse can craft a post-marital agreement regarding your financial accounts and property. Like a premarital agreement, a valid marital property agreement entered into during the marriage is binding, and can effectively separate your financial accounts and identify ownership of property, limiting your financial liability. One mistake people make is trying to do a marital property agreement on their own.  Since these property agreements are binding, and change the constitutional rights to property ownership, it is important to make sure you consult with an experienced family law attorney to make sure you understand the consequences of the agreement you are entering into, and also to ensure that the formalities for making a binding agreement are followed.  

While the parties may reach agreements regarding their children, it is important to note that such agreements are not necessarily enforceable.  So while a marital property agreement is valid when it comes to dividing property, it may still leave you vulnerable regarding your children.

File for divorce.

If you know it is time to physically separate from your spouse, you should consider going ahead and filing for divorce, even if you are not certain you ultimately want a divorce. Filing for divorce gives you certain protections.  In many Texas counties, standing orders go into effect immediately, which prohibits either party from cutting off access to financial accounts, hiding the children, or changing the locks on the residence. While in Texas, you are married until you are divorced (which means that community property continues to accrue), and the court can make orders regarding temporary support, payment of bills, use of property, and child custody.  If you are not 100% certain that divorce is the end result, you can also request a “time out” from the divorce proceedings, to allow you and your spouse to attend marriage counseling and work on the relationship. Just because a divorce petition is filed, doesn’t mean you have to go through with the divorce. When both parties agree to reconcile, a non-suit can be filed and the divorce proceeding is closed.  

Initiating a divorce process can be difficult and stressful, but it is possible to move through the legal process in a way that minimizes conflict as much as possible. For many it is worth it to close this chapter of their lives and have enforceable court orders to dictate your new reality.

Next Steps.

If you are in an unsatisfying marriage relationship, the best thing you can do is take steps to gain clarity and confidence as you decide your next steps.  At Hargrave Family Law, we believe gathering information is an important part of that journey. You may benefit from a consultation with an experienced family lawyer, to help you decide whether you should consider a marital property agreement, or whether going ahead and filing for divorce is the best move for you.  Also, we have resources in our community that can help you figure out whether divorce is right for you. There is a process called “discernment counseling” that helps many couples explore together whether they are committed to working through their marital issues, or whether it is time to end their relationship with dignity.  You can learn more about discernment counseling through www.TheMarriagePlace.com .  

Compassionate Dallas Divorce Attorney Jennifer Stanton Hargrave

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Hargrave Family Law was founded by Dallas divorce lawyer Jennifer Hargrave with a strong mission in mind. Using non-adversarial techniques, our firm advocates for you during this challenging life transition in a way that helps you protect what matters most. Reach out to our team of compassionate Dallas divorce lawyers at Hargrave Family Law for the support you need to navigate divorce and other family law matters. We offer a complimentary case evaluation to start your journey with us. Together, we will work towards safeguarding the happiness and well-being of your family, allowing you to write your next chapter with hope.

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Jennifer Stanton Hargrave, J.D. is the founder of Hargrave Family Law, a Dallas-based boutique family law firm that is rooted in empathy, excellence, and empowerment. Jennifer is a seasoned, well-respected Dallas divorce attorney whose career is marked by her commitment to helping families navigate the often painful and complex journey of divorce with dignity and clarity. She has made it her mission to build a robust team of professionals who share this passion and who excel in helping clients build new futures filled with hope and promise.

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L.P.

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I felt fully supported throughout the entire process, and their guidance was
invaluable.

David B.

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I always felt heard and cared for by this team of professionals. 10 out of 10 would
recommend to anyone dealing with a family-law issue!

Ashleigh S.

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Hargrave Family Law was a blessing during a personally difficult time, helping us
navigate complicated aspects of divorce when assets and minor children were
involved.

Jordan T.

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Everyone there was very supportive and our family is in a better place now. Their team
even continues to check in after your case closes, which shows how much they truly
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Michelle A.

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Hargrave Law’s team not only provided outstanding legal expertise for my family but
also showed genuine care and compassion throughout the entire process. They took
the time to listen and understand our family’s unique situation and always made sure we
felt supported and informed.

Justin Y.

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What could have been a chaotic and emotional process was made manageable thanks
to their steady guidance. We are beyond grateful for the outcome in the case and highly
recommend this firm to anyone needing a skilled and compassionate Dallas divorce
attorney.

Jeremy Y.

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The staff here was always responsive, clear in their communication, and truly made a
difficult process much easier for everyone involved. If you’re looking for a top-notch
Dallas divorce attorney, this is the firm you want on your side.

Sharon T.

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Their understanding and professionalism throughout the process were truly remarkable,
and I am forever grateful for their role in helping me find my way to the other side.
If you're looking for a legal team that truly cares about their clients and will stand by your
side with compassion and expertise, I highly recommend Hargrave Family Law. I will
always be thankful for the support and strength they gave me.

Mike L.

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The Hargrave team made me feel heard, were compassionate and thoughtful. Most
importantly, I was comfortable trusting their advice.

Kam B.

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You cannot go wrong with Hargrave Family Law. They bring humanity along with
expertise in very difficult situations.

Christy H.

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Going through a divorce can be an emotionally overwhelming experience, but the
paralegals and attorneys at this firm made the entire process so much less stressful.

Ava H.

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From the first consultation, I felt heard, supported, and truly understood. The entire
team brings a rare combination of professionalism, compassion, and strategic expertise
to family law, which made a difficult process feel manageable and even empowering.

Liz R.

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They were able to take my case with a very quick turn around. They were personable,
caring, thorough and have been amazing all around. If I ever needed anything else, I
would go to them first.

Soo C.

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Divorce a very difficult and emotional decision for anyone to make, but finding the right
legal support was probably the most important decision I made other than taking that
step forward to end my marriage. Finding that legal support can be challenging – asking
around discretely for recommendations, meeting with them and then choosing someone
can be overwhelming. What I found with Jennifer Hargrave and the Hargrave Family
was a team with my best interests at heart. Thank you Jennifer for helping me become
the best, empowered me! My family and I thank you.

Allison B.

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Divorce is very scary, as I’m sure most legal matters probably are, but when you are
going through the process and still having to deal with the other person involved, it can
be a daunting experience. Hargrave Family Law recognizes that going through divorce
is extremely stressful and they are ready to help guide you through it. If you are looking
for an attorney who not only has the qualifications, but also actually listens and cares
about you as an individual, then I highly recommend Hargrave Family Law.

Daine C.

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They were very patient with me and fought hard to get me what I wanted. I look back
now and I’m so grateful.

Kim G.

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They helped me prepare, ease my fears, and provided such clarity and confidence
through the challenges along the way. I am now on the other side and can say I would
have never had such a smooth experience and have the life I have today without this
incredible team!

Erin B.

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My children and family dynamic were always the top priority. Every detail was
communicated to me and thoroughly explained. Jennifer and her staff were always
available to listen to my concerns and address them.

Amy B.

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They approached my situation with innovative solutions, which ultimately led to a
resolution where all parties emerged victorious. This outcome was unprecedented, and
the sense of satisfaction it brought me was beyond measure.

Angela M.

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“Jennifer was a beacon of hope for my family member at a time when her options appeared limited and the likelihood of a satisfactory resolution seemed impossible. Her calm and empathetic demeanor offered emotional succor not just to my relative, but to her wider family circle. And though it may seem trivial, she has such a great sense of humor. Sometimes you need that to get through a difficult situation. I will always feel grateful for the way she so professionally managed to obtain the end result we were all hoping for. I can truly recommend her without hesitation. And if you have a loved one needing counsel, realize there is hope. Contact Jennifer Hargrave. She will fight for you to the end.”