In Texas, a legal decree permanently ending a marriage is termed divorce. Unlike some other jurisdictions, the state does not recognize a formal legal separation. This distinction means that couples experiencing marital difficulties in Texas have two primary options: remain married or obtain a divorce. An informal agreement to live apart, while perhaps providing temporary respite, lacks the legal protections afforded by a divorce decree. For example, without a court order, questions regarding property division, child custody, and support obligations remain unresolved.
The absence of formal separation impacts property rights, financial obligations, and parental responsibilities. During marriage, community property continues to accrue, potentially complicating asset division should a divorce eventually occur. Similarly, debts incurred during the period of informal separation may still be considered the joint responsibility of both spouses. Furthermore, absent a court order outlining custody and support, uncertainty regarding the well-being and financial security of children can arise. Understanding these implications is crucial for individuals contemplating living apart while remaining legally married in Texas.
