Is Legal Separation an Option in Texas?

 Posted on August 17, 2025 in Family Law

Some states allow couples to file for legal separation, creating a court-recognized arrangement where they live apart but remain married. In Texas, that option does not exist. You can either remain legally married or get a divorce. There is no in-between status under Texas law.

For many people, this comes as a surprise. You may want to keep certain financial or legal benefits of marriage while living separately, or you may want time apart without finalizing a divorce. In Texas, you can live separately and sign agreements with your spouse about property, support, or parenting, but those agreements do not carry the same weight as a divorce decree.

Attorney Key is a Palo Pinto family law attorney who has been practicing for over 25 years and is a Certified Family Law Mediator. She has guided many clients through situations where they wanted the space and boundaries of a legal separation but had to use Texas’s available legal tools instead.

Why Divorce Is Usually the Better Strategy in Texas

Without a legal separation option, any "separate" arrangement is just an informal agreement unless it is part of a divorce or a suit affecting the parent-child relationship. This means:

• Your property and income may still be considered community property, subject to division later.

• Debts your spouse takes on could still become your responsibility.

• You will remain legally tied to your spouse for decisions like medical care and inheritance unless you make separate arrangements.

A divorce under Texas Family Code Sec. 6 provides clarity and enforceability. The court will divide property, assign debts, and create binding orders on custody, visitation, and support. Even if you want a cooperative process, a divorce gives you a legal framework to protect your rights.

Alternatives for Couples Who Do Not Want to Fight Over a Divorce

Choosing divorce in Texas does not mean you have to endure a drawn-out, contentious courtroom battle. There are dispute-resolution approaches designed for couples who want to separate with dignity and preserve family relationships.

Mediation

As a Certified Family Law Mediator, Attorney Key helps clients resolve divorce-related issues through guided negotiation. Mediation allows both spouses to work with a neutral mediator to reach agreements on property division, parenting time, and support. It keeps decision-making in your hands instead of the court’s, and it can be faster and less expensive than litigation.

Birdnesting

Parents concerned about disrupting their children’s lives sometimes choose "birdnesting." In this arrangement, the children stay in the family home, and the parents rotate in and out according to an agreed schedule. Birdnesting is not a permanent solution, but it can be a transitional approach during or immediately after divorce, allowing young children to adjust without changing schools or leaving their familiar environment. These approaches can make divorce feel less like a battle and more like a restructuring of family life.

Why Testing Something Like Legal Separation Can Be Risky in Texas

Some couples try to mimic legal separation in Texas by signing private agreements, dividing finances, and living apart without divorcing. The problem is that these arrangements often have weak legal enforceability. If your spouse changes their mind about an agreement, you may have to start over in court.

You also remain financially and legally linked in ways you may not anticipate. For example, if your spouse is sued or files for bankruptcy, your assets could be at risk. Without a divorce decree, you cannot fully sever the legal ties that can expose you to your spouse’s liabilities.

Contact a Palo Pinto, TX Divorce Attorney

If you are exploring your options for living apart from your spouse, we can help you understand how Texas law applies to your situation and create a strategy that protects your interests. Contact a Parker County, TX family lawyer at The Law Offices of Kary L. Key by calling 817-599-6969 to schedule a consultation. With over 25 years of family law experience and certification as a family law mediator, Attorney Key can guide you through a process that meets your goals while keeping unnecessary conflict to a minimum.