Is there legal separation in Texas?

Time after time, people have come into my office and ask about the possibility of a legal separation, rather than a divorce.  This usually occurs when the party realizes a divorce is coming but isn’t quite ready to make that leap.  He or she is often hoping that a legal separation will ultimately lead to a reconciliation.

Unfortunately for those people, there is no legal separation in Texas.  Separating for a long period of time can be a very risky proposition. Once separated, you have no idea what your spouse is doing financially.  Is he racking up credit card debt?  Did she buy a fancy car that she cannot afford?  As long as you are still married, that debt is half yours and creditors could come after you if your spouse does not pay the debt.   Your spouse’s actions can also have an adverse effect on your credit rating if he or she is not being financially responsible during the separation.



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