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I am frequently asked questions about a legal separation in Texas. The answer is simple. Texas has no legal separation. The only mechanism that Texas has for a legal separation is a divorce. Once a divorce is filed, then the court may make temporary orders concerning the parties, their property, support, their persons, their children, etc.

Until a divorce is filed, a Texas court cannot enter any type of legal separation agreement between the parties. It is also my understanding that Florida law is very similar to Texas law, in that Florida does not have any type of legal separation.

Many states have legal separations. These are processes whereby you go before a court, and the court makes certain rulings and decisions concerning the parties' rights, duties, and obligations while the parties are legally separated. There are many advantages to a legal separation including:

- It gives spouses the opportunity to live apart, allowing them the space and time to see if they truly want resolve their problems to make the marriage to work.

- It defines the rights of the parties while they're legally separated, their financial obligations, their custody arrangements, their property arrangements, etc.

- It gives spouses the ability to retain certain employee benefits such as medical benefits, disability income benefits, etc.

- Spouses are able to abide by their religious beliefs and maintain their marital status while still living separate and apart.
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