Free Fillable Texas Separation Agreement Form

Texas separation agreement allows couples to live apart while remaining married. The agreement outlines the couple’s roles and responsibilities during the separation, and it may also address issues such as child custody and visitation, spousal support, and property division. A separation agreement can help couples avoid costly legal battles and protect their rights during the separation.

A Texas separation agreement must be in writing and must be signed by both spouses. The agreement is not valid unless it is signed by both spouses. The agreement must also be notarized.

It is important to note that the state of Texas does not recognize legal separation as such. All couples who wish to separate have to file for divorce. We will talk more about it further in the article.

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Specifics of Legal Separation in Texas

Technically speaking, Texas doesn’t recognize legal separations. In essence, a religious divorce is the same as one issued by law. When the couple no longer wishes to live together, they must file for divorce.

However, if they decide to file an uncontested divorce through a marital settlement agreement, the process is faster and easier. You can use a template presented on our website for reference.

The process of filing for divorce in Texas is governed by state law, which requires that you file a petition for divorce with the district clerk in the county where either spouse resides.

If you have children under 18, you must also attend a Parent Education and Family Stabilization Course.

Once the petition is filed, your spouse will have 20 days to respond. If they don’t respond, you can ask the court to issue a default divorce, which will grant you everything you asked for in the original petition.

If your spouse does respond, you’ll need to attend a mediation session before going to trial. Mediation is mandatory in Texas divorces, and it’s an opportunity for you and your spouse to come to an agreement on the terms of the divorce without going to court.

If you can’t reach an agreement in mediation, the next step is to go to trial, where a judge will make the final decisions on the terms of the divorce.

How to Fill Out a Marital Settlement Agreement in the State of Texas

Step 1 – Parties

The first thing in the document should be the identification of the parties to the agreement. If there are children of the marriage, then their names and dates of birth should be provided as well. The document will also need the specific address for each party.

Step 2 – Declaration of Intent

This is where both parties declare that they intend to live apart and separate their lives.

Step 3 – Definitions

There are a few key terms that need to be defined for the agreement. These include:

Property: anything that is owned by either party, including real estate, vehicles, furniture, savings accounts, and retirement accounts.
Debt: any financial obligation that is owed by either party, including credit card debt, student loans, and mortgages.
Separate Property: anything that is owned by one party prior to the marriage or that was inherited or gifted during the marriage.
Marital Property: anything that was acquired during the marriage, regardless of who purchased it.

Step 4 – Support Orders

If either party is receiving support from the other party, such as child support or spousal support, that should be addressed in the agreement. The amount of support, as well as the duration of the support, should be specified in the agreement.

Step 5 – Property Division

The agreement should specify how the couple’s property will be divided. This includes both marital property and separate property. The agreement should be fair to both parties and take into consideration each party’s financial needs.

Step 6 – Debt Division

The agreement should also specify how the couple’s debt will be divided. This includes both marital debt and separate debt. The agreement should be fair to both parties and take into consideration each party’s ability to repay the debt.

Step 7 – Signature Blocks

At the end of the document, there will be signature blocks for both parties. Each party should sign and date the agreement in front of a witness. The witness should also sign and date the agreement.

How to Create a Marital Settlement Agreement

There are a few things to keep in mind when creating a marital settlement agreement.

First, the agreement should be in writing and signed by both spouses.

Second, the agreement should be fair to both spouses.

Third, the agreement should be specific and clear.

Fourth, the agreement should be reviewed by an experienced family law attorney before it is finalized.