Family Law
A divorce is a life-altering event. Unlike almost any other legal matter, during a divorce proceeding emotions are heightened and can lead to poor decisions on the part of both parties involved. Relationships between family members sometimes create a complex series of causes and effects. Read More
Separation in San Antonio - Alternatives
Many married couples with troubled relationships seek alternatives to a traditional at-fault divorce. One of those options is legal separation in San Antonio—a court-ordered process that allows married couples to function as if they were divorced (living apart with the rights and responsibilities of the divorced) without actually getting a divorce.
Ultimately, divorce is a separation—a permanent one. And in those states that recognize separation, the common end result of a legally separated husband and wife is nearly always to file divorce in San Antonio, not restoration.
However, Texas law does not recognize the concept of separation. Nevertheless, the attorneys at Gillen & Associates help our clients find alternatives that achieve the results they need to filing divorce in San Antonio.
Solutions for those seeking separation in Texas
When a person comes to us with a desire to be separated, we look at the motives. What exactly do you want to accomplish? Common goals include:
- Getting the other person out of the house
- Removing oneself from the home
- Avoiding the lengthy time of a traditional divorce
- Avoiding the costs of a traditional divorce
- Securing court ordered financial support after abandonment
- Seeking a less confrontational separation than traditional divorce
Once we understand your goals, there are many alternative solutions worth considering. Our law firm finds the alternative that serves you best.
Alternatives to San Antonio separation agreement
Temporary orders
Under Texas law, you may seek temporary orders at the time you file for divorce. Temporary orders empower the court to define:
- Division of property
- Liabilities of the spouses
- Maintenance of either spouse
Therefore, without awaiting the drawn out process of a traditional marriage dissolution, temporary orders can often help you meet your intermediate needs.
No-fault dissolution
Texas law allows the court to grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
A no-fault dissolution of marriage is often much less contentious and therefore less costly and time consuming. If a no-fault divorce is a workable option for you and your spouse, our firm can help you enter into a written agreement concerning the division of the property and the liabilities of you and your spouse and maintenance of either spouse.
Your agreement may be revised or rejected by the court before rendition of the divorce or annulment. However, the establishment and preparation of the dissolution is an important step in the no-fault marriage dissolution process.
Living apart—a ground for no-fault dissolution
Texas law states that the court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years. In other words, living separate and apart for an extended time may be sufficient grounds for a court ordering a no-fault divorce.
Knowing your options
At Gillen & Associates, we can review all of your divorce options with you. Since San Antonio separation is not an option in Texas, we can provide legal counsel so that you area able to make an informed decision and choose the best option for you and your family, including contested divorce, uncontested divorce, and child custody, modification, and support.
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