QUESTION

Is there legal separation in tx that can be filed at the court

Asked on Jan 03rd, 2013 on Divorce - Texas
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1 ANSWER

Adoption Law Attorney serving Dallas, TX at Quaid Farish, LLC
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Sorry, but the State of Texas does not have any legal provision that allows legal separation.  However, you could always enter into a Partition and Exchange Agreement that would divide your current community property and then enter into a Post-Nuptial Agreement that would control any future division of income or property, and then you could separate and live without continuing to accumulate community property.  The problem with that would be the possibility, no matter how remote, that a Court would find the Post-Nuptial Agreement is invalid and anything you have accumulated since the "separation" suddenly falls back under the community property presumption.
Answered on Jan 04th, 2013 at 12:29 PM

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