Many states have procedures in place to help couples obtain a legal separation prior to divorce. Unfortunately, Texas is not one of those states, as it does not recognize legal separation. However, it is possible for couples to enter into a contractual separation agreement that resolves property division and child custody related issues before obtaining a divorce. While courts do not sign off on these contracts, the terms of the agreements can be used at a later date during divorce proceedings. For this reason, it is extremely important that if you are considering a divorce and want to enter into a separation agreement, you speak with an experienced complex divorce attorney who can ensure that the contract’s terms are enforceable.

Legal Separations

While there are no Texas statutes that specifically address legal separations, couples are permitted to enter into legally binding separation agreements while they are informally separated. These contracts can include provisions regarding a number of legal issues, including:

Although filing for divorce is always a complex and emotional process, it can be even more difficult when one of the parties cannot be located. In these situations, the party petitioning the court must comply with specific procedures, so if you are considering filing for divorce and do not know where your spouse currently lives, it is critical to speak with an experienced complex divorce attorney who can help explain your next steps.

Filing a Petition

Even when someone does not know where his or her spouse is currently living, it is still necessary to take the following steps:

Those who choose to change their last name when they get married, but later decide to obtain a divorce, have the option of reverting to their maiden name as a part of the divorce proceedings. However, there are other methods of achieving this goal, so if you are a Texas resident, are going through a divorce, and want to legally change your name, it is important to speak with an experienced complex divorce attorney who can walk you through the process.

Divorce Decrees

In Texas, a party to a divorce can change his or her name during the divorce process itself by including a request with the petition for a dissolution of marriage. In addition to the request, the party must certify that he or she is not requesting the name change in order to avoid facing criminal charges or other similar reasons. When these steps have been fulfilled, the family court can order the name change as part of the divorce decree, which can be used as proof of a legal name change at a later date. It is important to note, however, that individuals cannot utilize this process for changing their name to something other than their maiden name.

In the midsts of the holidays, not everyone is full of cheer and happiness. Thousands of homes across the country are in the middle of strife and anxiety, more than that associated with entertaining for the holidays. Recent studies show an increase in divorce cases following the holidays. Many psychologists offer possible reasoning for the rise.

Bad Gifts

In most divorces following the gift-giving seasons, the gift actually may be the straw figuratively breaks the camel’s back. Although the gift is not the primary reason for divorcing someone after several years or even decades of marriage, each year the other spouse has renewed hope that this year will be better. When a gift is given that solidifies incompatibility between spouses, many lose the faith of improving conditions. Unless the gift is truly outlandish, the recipient has predetermined based on other factors that unless their spouse “knocks this one out of the park,” the marriage is over.

One of the most important steps you can take before filing for a complex divorce is to protect your assets. This is especially critical if you expect the divorce to be contentious, and involve complex property litigation and other high asset issues.

To begin, make copies of all important financial documentation and paperwork from the past five years. Keep the documents in a safe place where your spouse will not be able to access them. Be sure to collect records of any bank accounts, investment portfolios, mortgage payments, retirement accounts, credit card statements, insurance policies, and income tax returns. Also, make copies of deeds to all properties owned by you and your spouse, as well as copies of titles to any vehicles and boats. These documents will help your attorney prepare your financial affidavits, as well as provide an accurate record of all the assets that make up the marital estate.

If your spouse has been the primary breadwinner in your marriage, you will need to establish credit in your own name. It is best to begin that process before you begin the divorce process. Open up a savings account and a checking account in your name only. You should also apply for credit cards in your name only.