Legal separation is the act of being “legally” separated from your spouse but not divorced either. Why would you want a legal separation in Dallas, Texas instead of a divorce? The primary reasons parties pursue Legal Separation in Dallas, Texas, are due to religious and personal beliefs. There are also potential financial benefits to legal separation. Baby boomers concerned about retaining access to medical benefits or a retirement package may prefer a legal separation in Dallas, Texas, rather than getting a divorce. So why legal separation? Why could it make sense to get a legal separation versus just getting a divorce?
Ever wonder why you may want a Legal Separation rather than an outright divorce? There are three big advantages of legal separation over just getting a divorce.
Texas law doesn’t currently offer legal separation. Hopefully, the legislature might address this in the future. Thanks to full faith and credit, we provide legal separation as a divorce alternative for those parties that meet certain conditions.
The most basic difference between legal separation and divorce is the outcome. After a legal separation is finalized, the legal relationship between the spouses change. You are now legally separated so you must file taxes separately. You also aren’t divorced.
Opting to legally separate rather than ‘divorce completely’ means that in the eyes of the “State,” your property and children’s rights are the same as if you two weren’t married, but a limited amount of legal connections remain.
The process of obtaining a legal separation is vastly different than a divorce. For starters, legal separation involves the use of out-of-state jurisdiction. Legal Separations are executed legal agreements or written court orders that are called a “Decree of Legal Separation.” All official legal separations require a judge’s signature.
Sometimes couples choose to legally separate while they try to work things out between them. In these instances, couples enter marriage therapy while going through the legal separation process.
In the event they reconcile their marriage, they retain the option of setting aside the legal separation later, thereby keeping their marriage intact.
If you or someone you know in Dallas is considering legal separation as an option, a skilled Dallas divorce attorney from our firm can assist with the legal documents that are needed.
Like preparing for a divorce, there are decisions that need to be made, and having legal representation at your side to guide and educate you through that process will produce the best possible outcome.
Ending a marriage in divorce severs the legal connection. In either case, putting together legal agreements will be necessary to make decisions about property division, custody matters, as well as child and spousal support.
Since the legal connection remains, should the parties wish to reunite, the option is available without the stigma associated with having gotten a divorce. This reason has been very important to many of our clients in the past.
There is also a significant speed component that is worth thinking about when deciding between legal separation and divorce. We’ve been able to get people legally separated within one business day provided there is agreement on property and children issues.
Complexity. Since Texas law does not provide for legal separations, you will need to petition for legal separation in another state. If you have children where one party will be paying child support, legal separation can become complicated due to issues with the UCCJEA. If you must later litigate the issue in court, the costs can be prohibitive.
Legal separations obtained by our office can be converted to divorce after six months. In order to do so, you will bring a motion to convert the legal separation before the same original court that granted the legal separation.
At Engel Law Group, P.S., it is important to us that our clients get the right solution for their needs, whether that be legal separation, divorce or reconciliation.
To obtain an attorney that can provide strong advocacy and sound advice, contact our office at 214-915-2205 to arrange a consultation. Regardless of your decision, it never hurts to not lose sight of the emotional consequences that result from the decisions you are making right now that will affect your future, and that of your children.
If you are looking at legal separation, or have decided to move forward, and need legal representation, Contact our team to sit down with a Dallas Legal Separation Lawyer from our firm now.