When you are on the altar, dressed your best and standing in front of the person you love the most, promising them in just two words that you will remain by their side until death parts you, it is more than likely that you fully intend to keep that vow. However, sometimes such things do not last forever, and you and your partner may find yourselves wanting to separate and in need of a Arlington, TX family lawyer.
Legal Options For Separation
There are several options for separation from a legal standpoint, the main choices being legal separation or divorce. The option you choose will depend on the circumstances of your situation and the reasons for deciding to be apart, so it is important to know what each of these options looks like and how one might come to the decision on which to follow through with.
To put it simply, legal separation is a less intense form of divorce. In a legal separation, you are still legally married to your partner, but you live in different places, and there is a separation agreement in place that both of you are obligated to follow. A divorce, on the other hand, is a legal termination of the marriage, giving you full separation from your partner and allowing you the opportunity to remarry should you like to.
How To Decide Between Separation And Divorce
So, how does one come to the decision of whether they would like to legally separate from or fully divorce their partner?
There are several factors to consider, such as property and financial rights, religious and personal beliefs, and healthcare and benefits. The dividing of assets and debts, child custody, spousal and child support, and other related financial matters are consistent between both legal separation and divorce. However, some support benefits are terminated with marriage during divorce, whereas they are not with legal separation because you are still, by law, married to your partner.
Personal, Religious, And Financial Considerations
In a religious context, some people’s beliefs are strongly against divorce, so legal separation offers an option in which you can create space between you and your partner without the harsh finitude of divorce. If you are taking healthcare into consideration, the conditions are similar to those with financial rights. If you remain legally married through legal separation, you may be able to keep some spousal healthcare benefits such as military, Social Security, or employer-provided health insurance.
State Laws May Limit Your Options
If you do decide you would like to pursue the less serious route of legal separation as opposed to divorce, you will then need to consider whether your state recognizes legal separation as a valid motion. In Texas, legal separation is not recognized, meaning that the state does not allow you to be legally separated from your partner. Couples may live in separate places and have temporary orders throughout the divorce process, but the gray area between marriage and divorce that legal separation provides is not a viable option in this state. Some other states that do not recognize legal separation are Florida, Pennsylvania, Georgia, Mississippi, and Delaware, whereas many of the other states do.
Making The Best Choice For Your Situation
So, if you and your partner have arrived at the fork-in-the-road moment where you are unsure how committed you are to separating from one another, you have a couple different options depending on your financial situation, personal beliefs, and healthcare concerns you might have—while also taking into consideration the level of separation you need for your mental and emotional well-being.
There is no right or wrong answer in these situations, so it can be helpful to seek legal consultation to discuss your options. Either way, while being located in Texas and thus not recognizing legal separation, Brandy Austin Law Firm can help walk you through the steps of temporary orders and divorce and make this complicated life change as manageable as possible. Reach out to us today.