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1502 Augusta, Suite 390 • Houston, Texas 77057 • 713-266-0846

Separation Issues & Laws

Houston Family Law LawyerTexas doesn’t provide for legal separation. If you want to separate formally from a spouse, you need to file a divorce petition. However, understanding the requirements of legal separation is easier if you have an experienced Houston divorce attorney explain it to you. Kay Polk is located in the Galleria area of Houston, and provides separation advice to couples in Houston and Harris Counties.

Separation Agreements in Houston

Have you and your spouse lived separately for three years or more?

If yes, you can file an uncontested petition for divorce. Either party may file the petition as long as one of you has been a resident of Texas for six months or more, or a resident of the county for 90 days.

Has your spouse abandoned you?

If your spouse has picked up and left you for a year or more, you can file a petition for a contested divorce on abandonment grounds.

Agreeing on Divorce Issues

Is it possible to agree on divorce issues?

Yes, there are a number of ways you and your spouse can iron out differences and agree on major areas. One method of agreement would be to have your attorney draft a separation agreement. A separation agreement would specify settlement for these issues:

  • Alimony
  • Child custody and support
  • Division of assets and debt
  • Visitation

These same issues can also be mediated.  Mediation is when a person, such as an attorney, acts as a third party and helps you both define a settlement that you both can live with.  Mediation is a preferred choice when children are involved as it softens the negative factors surrounding divorce. The law firm of Kay Polk can advise and assist in selecting a mediator when the occasion requires one.

Under Texas separation law, if your case involves child custody and visitation you will be referred to mandatory mediation, providing there is no domestic abuse or violence involved.

Separation agreements and mediation are cost and time-effective solutions to come to an agreement on divorce issues.  Settling issues out of court is a peaceful means to the end of your marriage.

Are you looking for a sensitive, knowledgeable attorney for your separation or divorce in Houston and Harris County area? If you are, contact Kay Polk at 713-266-0846, or complete our Web form.

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