Breaking Up is Hard to Do — Is There “Legal Separation” in the State of Texas?

No. Even if you are physically separated from your spouse, the State of Texas still considers you married until you are declared by order to be divorced. This is significant in that it affects the designation of assets acquired during the marriage, even while the parties are physically separated, as community property, and also affects the parties regarding how certain debts (for example, tax debt) may be allocated. There may also be serious issues related to the court’s ability to separate the marital estate if you wait too long and your spouse leaves the state of Texas. It is important to fully understand the implications of a lengthy separation in the state of Texas.