A legal separation is a legal status conferred by a court, where the parties remain married, but the court sets the rights and liabilities of the parties with respect to children, custody, support, visitation, alimony, property and debts. Texas does not recognize the legal concept of separation. Under Texas law, a person is considered married until a court enters a final decree of divorce. It is possible though to create a Separation Agreement or Partition and Exchange Agreement.
What kind of documents should I prepare for my divorce case?
You should prepare all documents that you may anticipate being important in your case. This includes information for business and personal contacts, financial records, computer and password information, property ownership, employment benefits, etc.
How is property and debt divided in a divorce?
All property of a married person is classified as either community property (owned equally by both spouses) or the separate property of one spouse. At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property. Community property includes all earnings during marriage and everything acquired with those earnings. Also included are all the debts incurred during marriage, unless specifically designated from one of the spouses\\\' separate property
What is separate property?
Any property which is considered separate property is not included in the community estate. The following is not community property. This includes property obtained before the marriage, including the income produced from the seperate property, is considered separate property, if the property was not commingled with the property acquired during the marriage. Property inherited from family during the marriage will generally be considered separate property if it was exclusively willed and was not commingled with community assets during the marriage. Property purchased with a combination of separate and community funds is part community and part separate property, so long as it can be shown that some separate funds were used.
