Types of Separation

Constant fights or other marital problems can lead a couple to separate. However, many spouses do not realize that there are different forms of separation, which can have repercussions on property or debt incurred during the split. It is important to know your state's separation laws so that you are not caught by surprise with division of property and debt should you decide to file for a divorce.

The levels of separation basically depend on how serious or long-term the split is. The main types of separation include:

• Trial – this occurs when both members agree to a short period of separation to determine if splitting up is right for them. Typically, debt and property incurred during this time period is still considered marital property and will be divided accordingly.
• Living apart – couples may choose to live in a separate house or even different states. In some states, living apart without intent to reunite changes the division of the assets, considering property accrued during this time as separate.
• Permanent separation – this happens when both members of a marriage separate, knowing that they are not going to get back together. Most states split property and debt after this agreed-upon split, but some things like items purchased or debt incurred for shared things like children may not be divided.
• Legal separation – this is the most formal separation besides a divorce. A court decides on important things like how to divide property and granting child custody, but the couple is still not considered to be divorced.

Contact Us

In Texas, there is no legal separation, and property is considered to be jointly held until a divorce is filed. Therefore, if you are looking to permanently split from your spouse, you should opt for a divorce. For more information on divorce and other family topics, contact a Frisco divorce lawyer at Alexander & Associates today by calling 972-420-6570.