Legal Separation Lawyer Arlington, TX
If you and your spouse have determined that you need some time apart, it may benefit you to consider filing for a formal marital separation. Certainly, many couples choose to take time apart without initiating any legal proceedings formalizing their separation from one another. However, failing to take this important step can leave both spouses (and any children and pets they may share) vulnerable to certain negative consequences. As a result, it is generally a good idea to seek legal guidance from an experienced Arlington, Texas legal separation lawyer before choosing to separate formally or informally. Once you schedule an initial, confidential consultation, the legal team at Brandy Austin Law Firm, PLLC will be happy to answer any questions and address any concerns you may have about informal separation and legal separation.
Informal vs. (Formal) Legal Separation
The process of obtaining a legal separation functions much in the same way that obtaining a divorce does. The obvious difference being that in the case of legal separation, the couple involved remains legally married if/until they determine that they would like to file for a divorce.
Legal separation provides spouses, kids and pets with many of the protections that divorce does. Marital property concerns can be negotiated or formally disputed so that each spouse retains access to income, housing, insurance coverage, etc. In addition, child and/or pet custody arrangements may be formalized through this process. Finally, both child support and spousal support matters may be addressed through the formal process of obtaining a legal separation. Any couple anticipating that a split will last more than a few weeks should strongly consider taking advantage of this process. If you have questions about the potential benefits and drawbacks of formalizing your separation, an Arlington, TX legal separation lawyer can answer them at any time.
Just as a couple seeking a divorce may take advantage of either contested or uncontested processes, spouses seeking a separation may do so as well. Mediation and/or attorney-led negotiations tend to be less expensive, less stressful and less time-intensive than contested “courtroom battle” claims. However, there are times when it makes sense to seek judicial intervention in a separation case. For example, if both spouses believe their minor children should primarily reside with them during the separation and they cannot come to an agreement about child custody arrangements with the aid of their attorneys, a judge will need to step in to settle the dispute. But in many cases, judicial intervention is not necessary. Spouses are able to work with a Arlington, TX legal separation lawyer to settle their differences and ultimately move forward once a judge has signed off on their separation agreement.
Legal Separation versus Divorce
At first glance, a legal separation and a divorce may appear fairly similar. Both of these are a legal process and they both involve the couple no longer living together. During a legal separation, there will be some kind of decision regarding child custody and parenting time. The court will also decide if child support and/or spousal support should be ordered.
However, there are also some distinct differences between a legal separation and a divorce. A legal separation does not legally end the marriage like a divorce does. The couple is still legally married, which means that neither spouse can remarry. In order to remarry someone else, the couple would need to file and dissolve the marriage through divorce.
You may be wondering which choice is right for your situation. A divorce attorney Arlington TX clients recommend from our firm can meet and discuss with you what the pros and cons of each process would be for your case. One of the factors that you may want to consider is what is the reason why you and your spouse are at this point in your marriage. If you are not sure you want to end your marriage right now or you are both committed to working at trying to resolve the differences, then a legal separation may be the better choice. It will allow you both the time you need to work through issues yet protect your legal rights.
In some situations, the couple may decide that they no longer want to be married to each other, yet their religion may not allow divorce. In these situations, a legal separation may be the solution needed.
If you are thinking of ending your marriage but are not sure if this is the right decision, it may be beneficial to speak with an Arlington TX legal separation lawyer. Contact Brandy Austin Law Firm PLLC to set up a free and confidential consultation. Our attorney will answer all of your legal questions, as well as layout what your best legal options may be. Call our office today.
Legal Support Is Available
If you are interested in securing a legal separation, please consider scheduling a consultation with an Arlington, TX legal separation lawyer at our firm’s conveniently located office. Exploring your options does not commit you to taking any legal action. Asking questions and learning about our firm’s Arlington, TX divorce lawyers and their approach to representation for both separation and divorce simply helps to ensure that any legal decisions you make going forward are informed ones. Once we learn about the specifics of your situation, we will be able to advise you of your options and offer support and guidance related to any nuanced challenges you may be navigating at this time. We look forward to speaking with you.