Hays County Legal Separation Attorney

Ensure Your Rights with a Legal Separation in Texas

The road to divorce can be long, stressful, and emotionally taxing. However, the legal dissolution of a marriage does not have to be as complicated or emotionally taxing. If you and your spouse are in agreement about the terms and conditions of your divorce and can agree on the necessary legal steps, a legal separation may be an option for you.

If you and your spouse are considering a legal separation, you may have questions about what rights you will retain, how the process works, how it differs from divorce, and more. The Law Office of Milena Christopher can answer your questions and help you sort through the details of your situation.

Schedule a consultation with our Hays County family law attorney at (512) 858-8253.

What Is a Legal Separation?

A legal separation is a court-approved agreement between spouses, with all of the same legal effects as a divorce, that allows the parties to live apart while preserving many of the legal benefits of marriage. A legal separation agreement can include all of the same terms as a divorce decree.

How Do I Get a Legal Separation?

To obtain a legal separation, you must file a petition for the same with the appropriate court. The petition must include a statement of the separation agreement. The agreement must include all of the terms and conditions of the separation, such as the division of property, support, and debts, and must be signed by both spouses. The petition and agreement must be filed with the court and served on the other spouse.

The spouse served with the petition will have a limited time to file an answer and contest the petition. If no answer is filed, the court can grant the petition without further hearing. If an answer is filed, the court will hold a hearing on the petition.

What Are the Benefits of a Legal Separation?

A legal separation is an option if you and your spouse are no longer able to live together but are not interested in getting a divorce. A legal separation has the same legal effect as a divorce, with the following differences:

• A legal separation does not end the marriage, whereas divorce does
• A divorce ends the marriage, while a legal separation allows the couple to live apart while preserving many of the legal benefits of marriage
• A divorce includes a division of property and debts, while a legal separation does not
• A divorce includes the division of assets and debts, while a legal separation does not

A legal separation can help preserve certain benefits while the couple decides whether or not a divorce is the right choice.

How Does a Legal Separation Differ From a Marriage?

In some ways, a legal separation is very similar to a marriage. However, there are some key differences that are important to understand. For example, a legal separation does not include a division of property and debts, while a marriage does. In a marriage, both parties have certain obligations and responsibilities, such as financial support and certain tax obligations. In a legal separation, the parties retain those same responsibilities but no longer have certain marital obligations, such as living together, sexual exclusivity, and certain legal benefits, such as health care decision-making authority.

Another difference is that a legal separation does not end the marriage, whereas a divorce does. A marriage is a lifelong commitment, while a legal separation is a temporary agreement that allows the parties to live apart while preserving many of the legal benefits of marriage. A legal separation can help the parties decide whether or not a divorce is the right decision.

Contact Our Hays County Legal Separation Attorney

While a legal separation can be an effective and less emotionally and financially draining option in certain situations, it is still a legal proceeding and requires the guidance and assistance of an experienced family law attorney. The Law Office of Milena Christopher can help you decide whether a legal separation is the right option for you and your family. We can also assist you with the filing and litigation of your petition for legal separation.

Contact our Hays County family law attorney at (512) 858-8253 for a consultation.