“Luckily, I called the Law Office of J. Kevin Clark, P.C. and Lisa helped me through the process." I highly recommend this firm for all your divorce or post-divorce needs.” - Scott H.
“Kevin Clark is a really great lawyer. I highly recommend him.” - Faye C.
“I not only recommend attorney Kevin Clark, but I guarantee once you have used his service you too will look no further. He responds in an extreme timely matter, he is a very knowledge, trustworthy person.” - Mrs. C.
“Lisa Peterchuck was wonderful to work with. She walked me thru every aspect of my case and advised me on how serious the issue was and what we should, and also, what we should not do.” - Michael W.
“He knew exactly how to handle my narcissistic now ex-husband. I have referred a friend to him & she too has been very happy with his expertise in handling her difficult case.” - Lana
Helping Spouses While They are Separated in Fort Worth
There are different reasons why spouses might want to spend time apart without seeking a legal divorce. This may be the case due to religious values, insurance or financial religious reasons, or simply because you hope for a reconciliation. However, a separation can present several issues, such as how you will share finances, child custody or support, and more.
When you separate in the Fort Worth area, you should always consult with an experienced legal separation attorney. The right lawyer will review potential issues you may face and help find the resolutions necessary to protect your rights.
Many states have laws governing legal separation for spouses living apart. However, Texas has no law that sets out procedures for legal separation. The only time a court in Texas will rule on marital issues, such as property division, is after spouses have already filed for divorce. Prior to a divorce filing, spouses will need to explore other methods of settling their affairs while they are separated.
One common way to handle property division and support issues is to enter into an informal separation agreement. This can be drafted by your attorney, and you can sign it without going to court. Like other legally-binding contracts, there are consequences if one spouse fails to adhere to the agreement.
A separation agreement can include many terms, including:
- Financial responsibilities of each spouse, including which debts each spouse will pay and whether one spouse will provide financial support for the other
- Property rights, such as who will get to live in the family home, who will get each vehicle, how they will divide personal property such as furniture, and more
- Child visitation rights, including the schedule for sharing custody of the children
Suits Affecting the Parent-Child Relationship (SAPCR) & Temporary Orders
In some cases, it may be necessary to file a SAPCR, which is a custody case opened outside of a divorce case. This can help settle custody sharing of your child if you and your spouse cannot agree. Custody is one matter the court will handle outside of a divorce case.
Divorce cases can take time, and spouses may not want to live together during a lengthy divorce. Once the petition is filed and the case is proceeding, the court can issue temporary orders that apply while the couple is separated and waiting for the divorce to be final. In many cases, the terms of the temporary order will be incorporated into the final divorce order.
Contact a Fort Worth Legal Separation Lawyer to Discuss Your Options
Even though there is no official legal separation under Texas law, there are still many ways an attorney can help resolve property and child-related issues while you are separated. The Law Office of J. Kevin Clark works with clients who are separating, whether or not they are certain divorce is in their future. Call (817) 241-3328 or contact us online to learn how we can help in your case.
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Serving clients in Ft. Worth, throughout Tarrant County, and greater Texas.
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Skilled representation across a wide spectrum of divorce and family law matters.
Voted as a "Top Attorney" in Ft Worth Tx: The City's Magazine - by his peers.
Certified in Civil Trial Law by the Texas Board of Legal Specialization since 1987.