Texas Legal Separation Agreement
Texas does not recognize legal separation and grants no separation decree. Couples use a private separation agreement, temporary orders in a pending divorce, or a divorce. Attorney review available.
Find out where you stand in Texas
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Introduction
Texas does not recognize legal separation, and no Texas court grants a decree of legal separation. The Texas Family Code addresses the marriage relationship in Title 1, whose dissolution subtitle provides for a suit for dissolution of marriage, the award of marital property, maintenance, and post-decree proceedings, but contains no chapter that creates a legal-separation status (Tex. Fam. Code Title 1). In Texas a couple is either married or divorced, with no court status in between, so a couple who wants to live apart without divorcing has three real options. First, a private separation agreement or a partition and exchange agreement, which is a contract the spouses can use to divide property and set terms while they live apart (Tex. Fam. Code Chapter 4). Second, temporary orders once a divorce is on file: after a spouse files for divorce, the court can issue temporary orders on who lives in the home, temporary support, and, for children, a suit affecting the parent-child relationship can set custody and support (Tex. Fam. Code 6.502). Third, a divorce, which is the only way to end the marriage and comes with a sixty-day waiting period after the petition is filed (Tex. Fam. Code 6.702). A private separation agreement does not change marital status, so the couple stays married and neither may remarry. Because Texas is a community-property state that divides the estate in a just and right manner in a divorce (Tex. Fam. Code 7.001), the division of property and debts belongs in a Texas Marital Settlement Agreement; if you decide to end the marriage, the pleading that starts it is a Texas Divorce Petition. DocDraft builds your Texas separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Texas does not recognize legal separation, and no court grants a decree of legal separation. Title 1 of the Family Code provides for a suit for dissolution of marriage, marital property, and maintenance, but has no legal-separation chapter (Tex. Fam. Code Title 1).
- 2
In Texas a couple is either married or divorced, with no court status in between. A couple who lives apart is still married no matter how long the separation lasts, and neither spouse may remarry until a divorce is final.
- 3
To settle terms while living apart, Texas spouses can use a private separation agreement or a partition and exchange agreement, a contract that can divide property and set terms (Tex. Fam. Code Chapter 4). It does not change marital status.
- 4
Once a divorce is on file, a Texas court can issue temporary orders on use of the home and temporary support, and a suit affecting the parent-child relationship can set custody and child support (Tex. Fam. Code 6.502).
- 5
A Texas divorce is the only way to end the marriage, and it comes with a sixty-day waiting period after the petition is filed before the divorce can be finalized (Tex. Fam. Code 6.702).
- 6
Texas is a community-property state, and in a divorce the court divides the community estate in a manner it deems just and right (Tex. Fam. Code 7.001); spousal maintenance is limited and available only in or after a divorce (Tex. Fam. Code Chapter 8).
- 7
Because Texas has no legal-separation decree, the division of property and debts belongs in a marital settlement agreement or a partition and exchange agreement rather than a separation decree; see the Texas marital settlement agreement page.
Key decisions before you file
Before you file a Legal Separation Agreement in Texas, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Texas Requirements for Legal Separation Agreement
No Legal Separation in Texas
Texas does not recognize legal separation, and no court grants a decree of legal separation. Title 1 of the Family Code provides for a suit for dissolution of marriage, marital property, and maintenance, but has no legal-separation chapter (Tex. Fam. Code Title 1).
Married or Divorced, No Status In Between
In Texas a couple is either married or divorced, with no court status in between. A couple who lives apart is still married no matter how long the separation lasts, and neither spouse may remarry until a divorce is final.
Private Separation or Partition and Exchange Agreement
To settle terms while living apart, Texas spouses can use a private separation agreement or a partition and exchange agreement, a contract that can divide community property into separate property (Tex. Fam. Code Chapter 4). It does not change marital status.
Temporary Orders in a Pending Divorce
Once a divorce is on file, a Texas court can issue temporary orders on use of the home and temporary support, and a suit affecting the parent-child relationship can set custody and child support (Tex. Fam. Code 6.502).
Divorce and the Sixty-Day Waiting Period
A Texas divorce is the only way to end the marriage. It comes with a sixty-day waiting period after the petition is filed before the divorce can be finalized (Tex. Fam. Code 6.702); Texas allows a no-fault ground of insupportability.
Community Property Divided Just and Right
Texas is a community-property state, and in a divorce the court divides the community estate in a manner it deems just and right (Tex. Fam. Code 7.001). Set the division of property and debts out in a Texas marital settlement agreement rather than in any separation decree.
Spousal Maintenance Is Limited and Divorce-Tied
Texas spousal maintenance is limited and available only in or after a divorce (Tex. Fam. Code Chapter 8). During a separation without a filed case, support rests on the spouses' agreement; a court can order temporary support once a divorce is pending (Tex. Fam. Code 6.502).
Reasons to Separate by Agreement
Couples sign a separation agreement to settle terms while staying married, which can preserve a spouse's health insurance, help reach the ten-year mark for certain military and Social Security benefits, or serve religious or reconciliation reasons. Confirm insurance effects with the plan, since many treat a separation like a divorce.