Marital Separation or Property Settlement Agreements. Can I get a “legal separation” in Texas ?
Yes. But understand that Texas Courts do not have any legal proceedings or process called “legal separation”. In family cases, Texas Courts grant things called “Temporary Orders” upon request, for the protection of the parties and preservation of the marital estate, as needed or requested by the parties. Violation of the Court’s Temporary Order is a “contempt of court” and punishable by fine and imprisonment. A person found in contempt of court usually has to pay the attorney’s fees of the other side’s lawyer. “Temporary Orders” are often necessary or un-avoidable. They mean the parties or lawyers have been unable to reach an agreement without court intervention. They also mean lawyers, litigation and court-hearings. This is very expensive. But many difficult situations arise in family cases that simply need the attention of the Court. A “marital separation” or “property settlement agreement” is simply another form of private contract between 2 people. They are not necessary for a divo
