Separation might seem like a good strategy for many Texas couples that are having trouble making their marriages work. Even if you were to consider this alternative to divorce, it would be important that you were doing so for the right reasons. At the law offices of Keith E. Holloway, we I have seen the many well-meaning separations turn out much differently then the participants had in mind.
It is natural to think of separation as a way to cool off — to have another chance at making your marriage work. However, unless you were absolutely sure that your spouse felt the same way, the end result might not be exactly what you expect.
The single most important thing to remember about separation is that your marriage would still be in place. This means that you could have to deal with increased debts, a lower standard of living or even changing divorce laws. If your spouse were using the separation as a way to stall you until a more favorable legal environment arose, that could be an issue for you in the future.
The largest risk would probably not be changing code of laws. More often than not, you would have trouble with a spouse who mismanaged marital assets or accrued debt without your oversight. Fortunately, you could probably craft separation agreements to divide your finances, current and future.
The most practical use for legal separation would probably be to maintain marriage exclusive benefits for the sake of your own finances or for your children. However, there are other situations in which these contracts are appropriate. Please read on at our main website for more information.