What is a legal separation?

Legal separation is a process available to married couples in Texas who wish to separate without getting divorced. It allows married couples to live separately and to divide the rights and duties of marriage, such as child custody and support, property division, and debt division. A legal separation does not dissolve the marriage and both spouses remain legally married, meaning there are certain restrictions on what they can do during their separation. Legal separation in Texas is usually done with a formal agreement between the couple that outlines the rights and duties of each spouse. This agreement is then submitted to the court in order to be legally binding. The agreement may also include a plan for modifying or ending the separation, as well as provisions relating to child custody, visitation rights, support payments, and the division of property and debts. It is important to note that a legal separation is not the same as a divorce, and a court cannot grant a divorce on the grounds of legal separation. In order to obtain a divorce, one of the spouses must file a Petition for Divorce in the county court in Texas. In some cases, however, a legal separation can be the first step toward a divorce. Additionally, a legal separation may be the best way for a couple to decide whether or not to proceed with a divorce.

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