Skip to Content
Diggs & Sadler Diggs & Sadler
Schedule a Consultation 713-766-5355
Top

Am I legally separated?

I am frequently told by clients that they are separated from their spouse and this can happen for many reasons. People may choose to move away from their spouse and live a separate life for a period of time. A period of time can even turn into years. However, it's important to know in Texas you are married until you are divorced and there's no such thing as a legal status of separation. And this is really important to consider when these periods of separation last longer.

It means that during that period of time, anything that you accrue or you earn is presumed to be community property, not just your property. That means that any relationships you have during that period of time are extramarital relationships. And it means that any children you may have during that period of time are presumed to be children of the marriage, even if you haven't seen your spouse in years. So it's important to think about the implications of what it means to continue to be married but living separately when considering whether to go ahead and file for divorce.