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The decision to separate from your spouse is never easy. Whether you are separating in anticipation of divorce or have no plans to seek the formal dissolution of your marriage, you should understand several important facts about how separation works.
An Austin separation agreements lawyer could offer specific guidance for your situation. There are many reasons you might decide to separate, but you should speak with a knowledgeable marriage agreements attorney as you contemplate your next steps to ensure your legal rights are protected.
There are many reasons a couple may decide to separate, whether they plan to dissolve the marriage eventually or not. For example, religious differences or financial concerns could lead to a separation.
The separation process occurs when a couple anticipates divorce or decides to live apart, but neither person is ready to end the marriage. The state does not recognize formal separation as a legal construct.
A couple can separate informally, but this is not necessarily advisable. Even though a couple cannot legally file for separation, they can pursue numerous alternatives to ensure the appropriate legal safeguards are in place.
Depending on the couple’s decision factors, an Austin attorney could advise what separation agreements may be required. Sometimes, a couple may want to try a trial separation to sort out their issues and determine the best next steps for their family.
Although state law does not allow for a formal separation, a separation agreements lawyer in Austin could still assist with initiating multiple forms of legal protection, including a partition and exchange agreement, a suit affecting the parent-child relationship, and various temporary orders.
For example, an attorney could help construct a separation agreement to manage key areas of concern such as visitation and child support. This type of agreement could also feature provisions about the division and use of marital assets during the separation period.
One chief issue that may arise pertains to managing property or debt. Another option to address these concerns outside a separation agreement is to create a partition and exchange agreement. This contract allows parties to divide their marital assets between them, which could include various forms of real and personal property such as real estate, cars, and furniture.
In more contentious circumstances where the separating parties have children together, a suit affecting the parent-child relationship may be necessary. This legal action asks the court to establish rights and obligations concerning issues like child support, custody, and visitation.
In situations where the safety of a spouse or their children is in question, it may be wise to file a request for a restraining order. Restraining orders can be awarded on a temporary or emergency basis or made final or permanent in some cases.
Although the state does not allow legal separation, you still have legal options when you choose to separate from your spouse. An Austin separation agreements lawyer could review the legal documents you need for your unique set of circumstances and help you navigate this complicated time.
When you have questions about preparing for separation from your spouse and what to do to ensure certain your interests are protected, an attorney at Kimbrough Legal can provide advice specific to your case. Contact our office today to find out more about the best path forward and to speak with a lawyer one-on-one about your legal needs.
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