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Divorce-related questions in Texas-Part I

Divorce, as many Texas resident might concur, can be a very complicated matter. An individual going through a divorce often has to deal with many difficult emotions, such as frustration, anger, helplessness and desperation. There are many questions that a couple may face as they are going through a divorce. One of the questions that may come up is whether legal separation is possible. The answer is that legal separation is not possible in Texas.

In the event that an individual needs to protect the property or the couple's children during the time that the couple is separated, that parent will need to file for divorce. In a small number of Texas counties, there are standing orders that go into effect immediately when a couple files divorce papers. That is done in order to protect the property and maintain the current status until an agreement is reached.

There are circumstances under which one of the spouses does not want the divorce. In Texas, when one spouse wants to divorce, the court grants the divorce. In fact, Texas is a state in which no-fault divorces are common. That means that a person does not have to prove fault in order to obtain the divorce. Another possible situation is common law marriage. What happens in such a case?

A common law marriage occurs when no marriage license has been issued. In Texas, that happens when two people live together as a couple and create the perception that they are married. However, they did not obtain a marriage license. Another example is when the two people file taxes as a couple or the woman uses the husband's last name as her last name. However, living together and having children does not necessarily mean that a couple is married under common law. It just depends on the situation.

Source:, "What to Expect in Texas Family Law Court," Accessed on May 16, 2015

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