Divorce, Family Law

Do You Need a Separation Agreement?

Posted by brian on August 26, 2019
Separation and Divorce Attorney in Ceda Park Texas

Every married couple faces their own challenges. While many couples stay the course and remain married for the duration, other couples may decide it’s time to end the marriage. Still other couples, however, find that simply taking a break is in order. This time out can help couples determine their best path forward, whether that involves saving the marriage or moving ahead with a divorce.

The State of Texas does not recognize legal separation (unless you have already filed for divorce), so separating can be tricky. If you and your spouse have made the difficult decision that a separation is right for you, an experienced Cedar Park divorce lawyer will help you draw up a separation agreement that protects your rights while carefully defining the parameters of your separation.

Marriage and Divorce are Not Always Black and White

If you’re experiencing difficulties in your marriage, a separation can give you the breathing space you need to plan your next steps. The fact is that all relationships evolve, and a separation may just provide you with the insight you need to strengthen your marriage. Just because you’ve hit a roadblock in your marriage does not mean that your marriage is necessarily over. The decision to divorce is monumental, and if you are not sure, you owe it to yourself and your family to explore other options, which can include separation. While separation is not easy, it lacks the finality of a divorce, and it may help you find your way back to a happy, healthy marriage. Some people also choose to separate without a divorce for religious or financial reasons.

Your Separation Agreement

The fact is that if you are moving forward with a separation, it is in you and your children’s best interests to have a separation agreement. Because Texas does not recognize legal separation, you will want to have guidelines in place that you and your spouse can both follow. This will allow you to move forward with a greater sense of familial and financial security, and if a discrepancy does arise, you’ll have a legal contractual agreement in place.

Children and Separation

Generally, a separation agreement addresses child custody issues and financial arrangements. A primary concern is naturally your children’s ongoing health and well-being. Texas courts grant what are known as Suits Affecting the Parent-Child Relationship (also called SAPR orders). Your separation agreement should specifically address a variety of important determinations, including:

  1. The parent with whom the children will primarily live
  2. A visitation schedule for the other parent
  3. The amount of financial support the noncustodial parent will provide
  4. The parent who will make important decisions – related to education, health care, and religious upbringing – on behalf of your children (generally both parents participate in this important right and responsibility)

If You are Separating, Consult with an Experienced Cedar Park Divorce Lawyer Today

Separation can be hard on everyone involved, but crafting a well-considered separation agreement can help. The experienced legal team at  Jackson Law Firm in Cedar Park, Texas, has the dedication, skill, and compassion to help your family create a separation agreement that you’re comfortable with and that works for you. For more information, please don’t hesitate to contact or call us at (512) 528-1900 today.

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