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Austin Legal Separation Lawyers

UNDERSTANDING YOUR SEPARATION OPTIONS

Austin Legal Separation Lawyers

Many times, a couple may go into a divorce unsure of what to expect and often even unsure that a divorce is the right choice. You know that you need separation from your spouse, but you do not know if you want the permanence of a divorce. As a solution in many states, courts allow couples to file for legal separation. This gives spouses the same rights and divisions of a divorce, without actually terminating the marriage. Unfortunately, the state of Texas does not recognize legal separation, and will not allow it is a means of separation recognized by the court.

If you and your spouse are looking to separate in Texas, but do not want a divorce, you still have many options. If you agree on the financial, parental, and property division aspects that go along with divorce, this could even be easy for you; you can just live separately and follow the plan that you both agree on. However, if you are not set on these aspects, an easy solution is not going to be the case. If a disagreement arises and one of you wants to change the plan, you are not protected by a legally binding contract and you cannot be justified in court. A qualified family law attorney knows all of the options a couple has when it comes to separation. The attorneys at the Kirker Davis LLP have been operating in Austin family law for years. They are devoted to helping clients figure out which separation option is the best for their own personal circumstances

Separation Options in Texas

In contrast tDiscussing 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.g your lawyer present can do a lot to ensure the deal doesn’t favor your spouse.

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    TESTIMONIALS

    • "The divorce process is not an easy one, but I always felt fully supported, informed, and guided by Chris and the staff. Chris always laid out the options, made me aware of the risks, and provided me with recommendations, but he also gave me the flexibility to work out things with my ex where I could, to speed up the process and avoid some legal expenses. I highly recommend Chris for family law representation. ”

      David - Divorce Representation

    • "I’m a lawyer myself and Holly helped me with my recent divorce. She did an amazing job. She covered all the little issues that would have collectively cost me a bunch of money in the long run if she had not been so detail-oriented and focused. She is a tenacious advocate for her clients who aims to resolve matters amicably but will fight tooth-and-nail for her clients if that is what it takes to reach a...”

      Anonymous - Holly is the lawyer who lawyers hire for their own divorces

    • "Chris handled my case professionally, efficiently, and demonstrated a very strong knowledge of family law. Chris took the time to learn and understand all aspects of my situation and used that knowledge to develop a focused strategy that led to a successful outcome. I highly recommend Chris. ”

      Martin - Excellent Lawyer

    • "Ashley Morgan and her paralegal Aleks were both so amazing to work with. They were second to none in responsiveness and work ethic. I would recommend her work to anyone looking for family law, and could not be happier with my decision to work with them. Just a great group of people who are knowledgeable and passionate about the work they do. ”

      Josh Campbell - Family Law

    • "This was as good an experience as you can possibly have with a divorce situation! Candice and Laurie were professional yet compassionate. They treated me with great respect and were always available to answer my questions. The best part is they always had my best interest at heart. I would highly recommend Kirker Davis and Candice Derelye and Laurie Theriot. They are the best! ”

      Susan Morris - A divorce situation

    • "This was my first time ever working with lawyers and words cannot express how grateful I am for Ashley Morgan and her team. I needed direction during a difficult time and she provided step by step service. Would highly recommend! ”

      Erik Jurado - Highly recommended

    • "I praise Attorney Alyse Donnelly for all the hard work and hours she put in my divorce case. I believe that her experience, knowledge, and quick thinking resulted in beneficial results on my behalf. Ms. Donnelly along with Paralegal Stacy O’Brien and Attorney Michelle Fontenot are definitely assets to the Kirker Davis law firm. ”

      Bertha Solis - My divorce case

    • "My experience with Kirker Davis has been amazing. Candice Deyerle has been my attorney and in just under a month she helped to correct severe deficiencies in my custody case. She and her team respond within minutes or hours to even the most mundane requests. From the moment I walked in the office, I was greeted with an exceptional level of service, and even the receptionist inspires class and confidence. I wh...”

      Daniel Kearns - Custody case

    • "From my first visit, I felt like Candice listened to every word I said and showed concern about my pending situation. My ongoing experiences throughout our working together, made me feel like they were genuinely concerned about me and my integrity. If I wandered off course, Candice would guide me back online! Fantastic results! ”

      Edward Novess - Fantastic results

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