Does Texas recognize legal separation?
A “legal separation” does not exist in Texas. However, after a divorce is filed, a temporary order can dictate who will remain in the house and which party will be responsible for specific bills.
Additionally, a temporary order can dictate that one spouse will pay child support to the other, and it can outline temporary visitation rights for the non-custodial parent.
In Texas, is marital property automatically divided 50/50?
Texas law does not insist that property must be divided equally. Instead, a judge will divide the community estate into a “just and right” division.
What does a “temporary order” mean in Texas?
Texas law does not recognize “legal separations.” Instead, after a divorce is filed, either party may request a “temporary order,” which determines the temporary situation until the divorce is decreed.
For example, a temporary order can dictate who will remain in the house, pay what bills, and visitation matters for the non-custodial parent. It’s important to understand that a temporary order is not always required.
Also, if the parties involved agree to the temporary order, there may not need to be a hearing. However, some situations are so volatile that a judge is asked to impose a temporary order after listening to the evidence presented.
What is a “legal separation?”
Texas, unlike other states, does not recognize a “legal separation.” Instead, temporary orders concerning marital issues (financial issues, child conservatorship, matters of residence) can be granted while a divorce is pending.