Legal Separation Attorney Houston, Texas
Occasionally a married couple may decide that, while they do not like each other do not wish to remain married, they may find that ending the marriage through a divorce is contrary to their mutual financial benefit. Although Texas is among a handful of states that do not recognize a legal separation, it may be possible to accomplish the same thing if the parties execute a Post-marital Agreement, Marital Agreement, or a Marital Property Agreement. If the parties are separated and need to address the needs of their child with a court order, they may file an Original Suit Affecting the Parent Child Relationship which is generally referred to as a “SAPCR”.
If the parties enter into a Marital Property Agreement, the agreement may be structured in such a way that the parties may be able to preserve the financial benefits of remaining married, address their estate planning interests, and at the same time allow them to live essentially separate lives. In order to prepare a Marital Property Agreement it is recommended that the parties each have independent counsel to represent them and engage the services of various professionals such as accountants, tax attorneys, corporate attorneys, and estate planning attorneys, depending on their unique situation. If the parties are not able to reach an agreement, they may have no choice other than to proceed with a divorce and dissolve their marriage.
With respect to the needs of their children, who may be minors or who may be otherwise entitled to support, it is possible for a married couple who are separated to initiate an Original Suit Affecting the Parent-Child Relationship (often referred to as a SAPCR) to address their respective rights and duties with regard to their children, including where the children will live, payment of child support and medical support, parenting time for each parent (usually referred to as “possession and access” or “visitation”), and such things as travel arrangements for the children and international travel, motor vehicles, extracurricular activities, and private school attendance. In order to make the arrangements for children binding and enforceable on the parents, the arrangements must be made into a court order approved by the Court as being in the best interest of the children. Over time as the needs of the children change or the circumstances of the parties change, arrangements for children may need to be changed. When that happens, a Suit to Modify Parent-Child Relationship must be filed.
As a skilled Houston, TX, family law attorney licensed to practice law in the state of Texas since November, 1986, I have the wisdom and years of experience necessary to represent your interests. If possible it is best for people to set aside their anger and dislike for each other and attempt to work together for a resolution that can best meet their needs and the needs of their children under the circumstances. If the parents are separated and need to address the needs of their children through a Suit Affecting the Parent-Child Relationship, protracted litigation involving many trips to the Courthouse is expensive and should be avoided if possible. The parents may not like each other, but they cannot change the fact that they have a child or children together. They can either live together and find a way to get along and raise their children together, or if they cannot do so, they need to find a way to set aside their differences as much as possible and focus on the needs of their children. If the parties are not able to reach an agreement, it may be necessary to go to trial. However, with both parties being represented by an experienced and ethical attorney, the parties are usually able to reach an agreement. In most cases the parties will be required to go through the formal negotiation process of mediation. In order to make the mediation process work effectively, it is necessary to be well prepared and select a mediator suitable for the client’s case. Only with years of experience can a family law attorney understand and appreciate the dynamics and particular needs of the parties in order to select the proper mediator. In some cases an Original Suit Affecting the Parent-Child Relationship can be handled through the Collaborative Law Process. In the Collaborative Law Process, the parties are able to work at their own pace and are not as tied to the Court schedule. In the Collaborative Law Process the parties are able to focus on their interests as opposed to their positions and have a much greater degree of privacy and personal dignity as they work toward a mutually agreeable and creative resolution to address their needs and the needs of their children. In many instances the Collaborative Law Process will save the parties considerable money in terms of legal fees and related expenses.
