Cleburne Separation Lawyer

If you are a Cleburne, Texas resident contemplating divorce from your spouse, you should speak with a separation lawyer. Divorce can be a long and expensive process, and you may not be ready yet. Sometimes, a separation is the better option for the time being. Separation allows couples time to truly think about what divorce would look like. A defense attorney may be needed to help ensure your rights are protected during the separation process.

A separation agreement is an agreement between spouses who wish to separate without formally divorcing. The agreement should outline the rights and responsibilities of each spouse during the separation period. Items such as child custody, visitation, financial support, and property distribution should be agreed upon. For the agreement to be valid, it must be in writing and signed by each spouse.

A lawyer can draft the separation agreement. With a Cleburne separation lawyer's help, you can avoid small mistakes. Your lawyer will protect you from legal headaches and loopholes that your spouse could exploit. You should at least have a lawyer review your agreement before you sign it. If drafted correctly, it can become part of the divorce decree should you decide to proceed with an eventual divorce.

There are three main options for couples who wish to separate but want to keep the marriage legally intact before they consider divorce. Each of these options will allow you to break away from your spouse financially and live separate lives. Depending on you and your spouse's situation, you could choose the following:

• Contractual separation. This can be done with a valid separation agreement. It functions like a postnuptial agreement. Couples create an agreement that outlines how they plan to live their domestic lives separately from each other.

• Suit affecting the parent-child relationship (SAPCR) order. If there are children under the age of 18, a SAPCR order may be necessary. If you and your spouse cannot agree on a fair parenting plan, you can request this order. Your current parenting plan will be submitted and reviewed by the court.

  The court will step in and help you finalize the plan. A SAPCR order will be issued legally governing the parental responsibilities of the spouses. Items such as child custody, child support, visitation, and adoption could all be enforced with this order.
• Partition and exchange agreement. As Texas is a joint property state, all assets acquired during the marriage are considered joint property. This agreement permits each spouse to transfer their marital estate, or part of it, to the other spouse. The agreement requires signatures by each spouse and it gets recorded in the county in which the property is located. In the chance you decide to reconcile your relationship, you must undo the requirements of this agreement.

There is no limit to how long you must be separated in Texas. Your marriage will remain legally intact until divorce is filed or one spouse dies. The only exception is with common law marriage. Under this, couples are considered informally married under Texas law as they do not have an official marriage license filed with the court.

Separation is a difficult process, and you may not know the guidelines that could hurt or help you and your spouse's separation journey. Outlined are some key mistakes to avoid during your separation period.

• Filing your tax return without your spouse’s consent. It’s common for spouses to separate their bank accounts, credit cards, and finances once they separate. However, under the law, you are still legally married. The IRS views you as a married couple that should file your tax return as “married filing jointly” or “married filing separately.”

  Although your finances are separate, you should still coordinate with your spouse before filing your tax return to avoid any issues. It’s also helpful to speak with a CPA for proper tax filing advice.
• Changing beneficiary designations. You should avoid changing any beneficiary designations without consulting with your spouse. This includes retirement accounts, health insurance policies, life insurance policies, and any other beneficiary accounts. It’s better to speak with your spouse before making any changes to avoid headaches. You may be able to change beneficiaries on separate property that you own, but you should speak with a lawyer first.
• Making large purchases or gifts. Remember that your spouse has an equal interest in all community property you own. In most cases, this includes funds in your joint bank account. Any funds taken from there are owned equally. If you make large purchases without your spouse’s consent, they may make a claim on those funds in divorce court. This can include funds spent on gambling, travel, transfers of property, or gifts to family members.
• Spending money on a new relationship. If you decide to pursue another relationship during your separation period, you should avoid funding it with any community property funds for reasons already explained. Your spouse will likely not consent to it, and the court usually frowns upon it. If you proceed to divorce court, you will likely be ordered to pay back all expenditures. Use your separate property funds for gifts, dinners, trips, etc., for your new relationship.

Q: What Is Legal Separation in Texas?

A: While Texas does not formally recognize legal separation as a formal status, couples can still informally separate. Separation can be good for couples who want to take time apart or move away from each other without formally divorcing. A separation agreement can be created with the help of a lawyer. With the agreement, couples can decide on important issues such as child custody, child support, or spousal support. This can be used to help couples maintain their legal rights during the separation.

Q: Are There Any Alternatives to Legal Separation?

A: Alternatives to legal separation are available. These could be temporary orders, independent separation agreements, or custody claims. A temporary order can be used to provide financial support, visitation rights, or property orders while your case is ongoing. A custody claim works in a similar way, as it can decide who has custody of the children without the need for a separation agreement to be created. There are a few other alternatives available that you should discuss with an experienced family lawyer.

Q: Do I Need a Lawyer for a Legal Separation?

A: While you are not legally required to have a lawyer for a legal separation, it can be very beneficial to have one. Having an experienced professional who understands the Texas Family Code, the rules of civil procedure, the rules of evidence, and the court system process may be necessary to ensure your rights are fully protected under the law. Also, it's possible that your spouse will engage a lawyer for this process, so you don’t want to be at a disadvantage.

Q: How Does Separation Work in Texas?

A: You can put a separation agreement in place without formally divorcing. Many couples in Texas end up getting an informal separation. The first step is to come to agreements on important issues such as child custody, marital property division, and support payments.

An experienced lawyer can help you negotiate this with your spouse. If you can come to an agreement on these issues, a separation agreement can be created. If you and your spouse decide to get divorced later, this agreement can be used to speed the process up.

Q: Is There a Difference Between Divorce and Separation?

A: There are a few similarities between divorce and separation. Both cases require mutual agreements to move forward. In many ways, a separation is a preemptive move for couples who are teetering on divorce. In simple terms, a divorce is the formal end to a marriage, while a separation is an informal split between couples. The largest difference is that in a separation, the marriage is still legally recognized. The separation period gives couples time to decide if divorce is truly the right choice.

I understand that it’s never easy when your relationship is close to the brink of divorce. Divorce can become a nasty and drawn-out process, leading to arguments and court battles. Sometimes, a separation is the better choice for the time being. A separation allows time for you and your spouse to see what divorced life would be like. You may discover that you want to get back together or that divorce is the right choice, and you’re both ready to move forward.

At The Law Firm of William A. Walsh, I have the resources needed to assist you. Speak with me and explain your circumstances. Then, we can explore your legal options together. I have faithfully served residents all over the great state of Texas, including Cleburne, for over two decades. With my knowledge and legal experience, you can rest assured that you’ll get quality legal representation and sound advice. Contact me today to see how I can help.