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Should You Separate Before Divorce? Texas Family Law Explained

Separation doesn’t necessarily mean the marriage will end in divorce; it can sometimes go the other way.

📺 Watch this video to understand the implications of separating before or during your divorce and the different factors to consider when making that decision. And call our office at: 281-310-5563 to schedule your complimentary consultation today.

The video discusses the implications of separating before or during a divorce in Texas. It explains that there is no legal requirement for spouses to separate before, during, or after their divorce, but many individuals separate to give themselves time and space to consider their options and make future decisions.

The video emphasizes that the decision to separate should be taken with future plans in mind, and it can significantly change an individual’s life emotionally, physically, and financially. The video also talks about the living conditions and how they can be affected by separation. It explains that the process is straightforward if you’re renting a house with your spouse, but if you own the house, it is essential to keep in mind the mortgage payment while the divorce is ongoing. The video also emphasizes that stability is important for a child’s well-being and development, and many parents stay in the family house during or after the divorce to maintain consistency in their children’s lives.

Furthermore, the video suggests that family courts in Texas instruct spouses to create a parenting plan for separation. It recommends staying in the house and leaving only if the situation becomes dangerous or if ordered to do so by the family court judge. However, if the spouse is violent or abusive, leaving the house without a second thought can help protect oneself and the children while planning the next steps in life. The video concludes by recommending consulting an experienced family law attorney to help navigate the divorce process and make informed decisions about the future.

In this video, attorney Stacie from the Law Office of Bryan Fagan discusses whether spouses need to separate before getting a divorce in Texas. She provides an overview of the implications of separating before or during the divorce process and the factors to consider while making the decision. Here are the key points:

In Texas, there is no legal requirement to separate before, during, or after divorce. Separation can help individuals consider their options and make future decisions. Couples should consider negotiation or marital counseling if they are committed to saving their marriage. If issues remain unresolvable, moving towards divorce is the best option. Living conditions, financial responsibilities, and the impact on children must be taken into account during separation. Texas family courts instruct spouses to create a parenting plan for separation. Leaving the family home early in the divorce process can negatively impact a spouse’s case in family court, unless the situation is dangerous or abusive. Consulting an experienced Family Law Attorney is essential to understanding one’s rights and obligations under the law. To schedule a complimentary consultation with the Law Office of Bryan Fagan, call 281-810-9760.

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