Legal Separation, Divorce and Annulment
Does Texas have Legal Separation?
In short, Texas does not have legal separation. The state views you as either married or divorced. To end a marriage, you must file for divorce and then a minimum of 60 days later the divorce can be finalized. During that time, you will likely live separately, but this separation is not a legal status.
However, parties can enter into what is called a “Partition and Exchange Agreement” which is a contract between the parties that can legally divide community assets into their separate property. This agreement is not a divorce, but is the closest way to “legal separation” in Texas.
Common Elements to Consider in Divorce
If you decide divorce is the right action for you, there are important factors to consider. Every divorce is different with varying considerations, all of which will be discussed and planned your family law attorney. That being said, for the sake of a starting point and a brief summary, here are some pieces to consider:
1. Reasons for divorce: referred to as the “grounds” for divorce, there can be many reasons why a divorce is sought. First, you should know Texas is a “no-fault” divorce state. In simple terms, this means only one party needs to a want a divorce to receive one. That party will have to swear to “incompatibility” under oath in court (or occasionally by affidavit) to finalize the divorce, but that just means the parties can’t get along or don’t work well together. To be clear, a party can still use things such as cruelty, abandonment, adultery and more for the grounds of divorce, but it is not particularly common since these “fault” grounds are not required. Remember, the court’s primary function in a divorce is NOT to find a party at fault, have a party feel guilty, to cause shame or otherwise punish one party or the other – the court’s primary function is to end the marriage relationship. Not surprisingly, when fault grounds are used, the divorce is often highly contentious and attorney fees and expenses increase accordingly.
2. Representation by an attorney:
a. Legally, one attorney CANNOT represent both parties. Even if your divorce is uncontested and the parties agree to the terms of the divorce, an attorney can only represent one party.
b. You do not have to hire an attorney to seek, file for or obtain a divorce. If an individual decides to represent themselves, they are called a “pro se” litigant. You would be responsible for drafting all motions and orders to complete your case while also maintaining communication with the clerk, court coordinator and Court.
3. Child support and spousal support: read more in our article on support in family law cases.
4. Timeline: as mentioned above, the fastest a divorce can happen is 60 days from the date the Petition for Divorce is filed. However, a finalized divorce in 60 days is unusual. Factors, such as, contentiousness, court availability, attorney availability and more can drastically shift the timeline.
5. Cost: at Lovorn Law Firm, family law cases and divorces specifically see the most drastic variability in legal costs. On the lowest end, a truly uncontested divorce with no children, no property and no post-divorce work costs around $3,500. On the high end, a highly contentious divorce, with custody issues, property division issues and more can cost over $100,000.
What is an Annulment?
An annulment is a dissolution of the marriage making it like the marriage never happened. Annulments can cost as much or more than a divorce and can only happen in the following specific circumstances:
Marrying a close relative
Concealed divorce
Underage, or less than 18 years old when married without a parents’ permission, IF filed within 90 days of the marriage, as long as the minor has not turned 18
Marriage under the influence of alcohol or drugs
Impotency
Marriage through fraud, duress, or force
Mental incompetency
Conclusion
Whether you have questions regarding a separation, divorce, custody, property, or an annulment it is always wise to seek out an attorney that is well versed in family law and the court in which your case will be handled.