How to Obtain a Legal Separation in Texas

If you are considering a separation prior to divorce, you need to be aware that the State of Texas does not recognize the legal concept of separation. Until a final divorce decree has been entered, the State of Texas considers you still married. Texas does, however, allow for spouses to enter into a written contractual separation agreement concerning the division of property, liabilities of the spouses, custody of children and maintenance of either spouse. This document is known as a Marital Domestic Separation and Property Settlement Agreement. The agreement is fairly simple to fill out and execute and is available for download online.

Instructions

1. List and determine all pertinent monetary and custodial issues to be divided. Reach an agreement on all issues as, once filed, the agreement will be a binding contract for both parties.

2. Download or contact an attorney to obtain a Texas Marital Domestic Separation and Property Settlement Agreement. Online companies charge a fee for downloading these agreements. Each form for download applies to a different situation. Check them carefully to make sure you choose the one that includes all aspects of what you and your spouse will need to agree on.

3. Fill out the forms completely. Get agreement properly notarized by having both parties sign the forms in the presence of an authorized Notary Public.

4. File your paperwork with the District Court of Texas in the county in which you or your spouse resides. Pay any district court filing fees required.

Tips & Warnings

• If you plan on filing for divorce, the terms of this agreement can be incorporated into, or changed prior to, a final divorce decree.

• This settlement agreement is treated as a contract and its legal force and meaning are governed by the law of contracts, not by the law of judgments.

• As with all legal matters, laws change frequently and getting professional legal advice can serve as additional protection for both parties.

References

• TexasLawHelp.org: Welcome to Texas Law Help! /Family Law and Domestic Violence / Divorce-Free Forms /Common Questions About Divorce
• Texas State Legislature Online: Texas Constitution and Statutes
• US Legal Inc.: Texas Separation Agreement Law
• Texas State Legislature Online: Texas Constitution and Statutes
• USLegal.com: Form Search Results