Austin Legal Separation Lawyer

Separation Options in Texas

Discussing all of your separation options with a knowledgeable family law attorney will give you a better idea of what is right for you. With that being said, there are a few actions that are common in couples that are looking to separate without a divorce. These actions will allow you to separate from your spouse financially, plan co-parenting roles, and live separately, while still keeping the legal marriage intact. To achieve this, you may be able to do one of the following:

• Get a contractual separation: like with any business, trade, or transaction, you can create a legally binding contract for your separation. This works a lot like the postnuptial agreement you would make during a divorce, just without the divorce. Unlike a divorce contract, your separation contract will not be reviewed or approved by a judge. Instead, if a disagreement or breach of contract arises, you may engage in a civil court lawsuit like you would with any other contract.
• Request a Suit Affecting the Parent-Child Relationship (SAPCR) order: if you have a child or children under the age of 18, agreeing on a parenting plan is important in implementing a separation. After you have decided on a plan, you should follow up with an SAPCR order request. Under this order, your parenting plan will be reviewed and approved by a family court. If you cannot agree on certain aspects, the court will help in deciding. The court will then issue an SAPCR order that legally governs parental aspects such as child custody, support, and visitation.
• Create a partition and exchange agreement: this agreement acts as a more formal financial separation. Because any property acquired during a marriage is considered joint property in Texas, separating your financial and property assets is vital. A partition and exchange agreement allows each spouse to transfer marital property, or a portion of it, to the other spouse so that they can gain a controlling ownership interest and so that the property is treated as separate property. The agreement must be signed by both parties and recorded in the county where the property is located and the county where the married couple last resided. If you reconcile your marriage in the future, this agreement must be undone.

If you are interested in any of these actions as an option for separation, contact a family law attorney. They will be able to tell you what is required to achieve these actions, and what to expect after they are enacted.

Contact a High Asset Divorce Attorney in Austin

The multifaceted litigation involved with high asset divorce can quickly turn time-consuming and complex. At Kirker Davis LLP, our high asset divorce lawyers are dedicated to protecting your financial future and may be able to help you navigate through your assets while safeguarding what is rightfully yours. If you require a capable high asset divorce lawyer, contact our Austin offices at (512) 598-0010 to discuss the particulars of your case your lawyer present can do a lot to ensure the deal doesn’t favor your spouse.

Our Kirker Davis LLP Austin Legal Separation Lawyers serve people inside Texas and our firm is conveniently located near you. We have an office in Austin at 8310-1 N Capital of Texas Hwy Bldg 1, Ste 350, Austin, TX 78731. Find us with our GeoCoordinates: 30.38639118067484, -97.76789826582365.

Other Areas of Divorce

• Divorce
• Collaborative Divorce
• Contested Divorce
• Divorce Arbitration
• Divorces Involving Businesses
• High Asset Divorce
• High Net Worth Divorce
• LGBTQ Divorce
• Mediation
• Modification Of Divorce Decree
• Pet Custody
• Professional Divorce
• Uncontested Divorce
• Informal Marriage / Common Law Marriage