Spousal Separation Agreements & Advice
Although the phrase is frequently used, there is no such thing as a
legal separation in Houston Texas. Either people are married or they are not.
However, there is a legal way to live apart from your spouse. The legal
method is to obtain a temporary order from the court which can usually
be obtained within 30 days of the initial filing. At my Houston law
office, I work with people at all stages of their married lives to make
sure that they know their options and that they know how to protect
their rights when they live separately from a spouse.
To learn about separating from your spouse, contact me at the Houston
law office of Frank E. Mann, Attorney and Counselor at Law.
People usually consult me when they begin the divorce process or when
they wish to stay married but live apart. I am very knowledgeable about
separation while your are going through a divorce, and get people set up so there will not be
surprises later on. Educating people about their situations and their
possibilities is a hallmark of my law office; it applies to separations
and all aspects of my Houston family law practice.
during the divorce process
Unless the divorce will be completed very quickly, it is critical to
have a divorce lawyer obtain temporary orders for child support, child custody,
spousal support, and visitation. These orders, if approved by the
divorce court judge, will be in force until the court issues a final
order of divorce. The temporary orders are operational before a final
order is issued.
orders may become permanent
Judges are inclined to review the success of temporary orders and
apply them to the final decree. This is especially true for orders
involving child custody and visitation, as the court is interested in
the best interests of the child, and does not want to disrupt a child’s
life unduly. Thus, having temporary orders that meet your needs during
the divorce is important. They may continue to apply as a final order
after you are no longer married.
when you can no longer live together
Some people find they can no longer live together as husband and
wife, but do not wish to get divorced. The reasons for this vary, but
they are usually based in the belief that divorce is wrong in their
religious tradition. In circumstances like this, I prepare temporary
maintenance orders dealing with child support, child custody, and
alimony. When the parties agree on the details, the court will approve
these orders, which will remain in force until the parties modify them
or the orders expire.
Couples sometimes view this as a trial separation period for a
divorce, separating to find out whether this is what they really want.
They proceed to divorce or reconciliation after the trial separation
period. Even if they intend the trial period to be short, it is
important that they obtain orders about maintenance, custody, and
support to protect themselves.
For more information about separations, contact my Houston law
office. Call me at Frank E. Mann, Attorney and Counselor at Law.