McKinney Separation Agreement Lawyer
Providing Resolutions for Clients in Collin, Denton, & Dallas Counties, TX
Texas does not provide for legal separation. However, the state cannot prevent married couples from informally living apart without initiating a divorce. You and your spouse have the right to separate and live apart while you take the time to consider whether to proceed with a divorce or work toward reconciliation.
However, it’s crucial to understand that an informal separation can entail financial implications. Under Texas community property laws, any assets or debts accumulated during the separation period are still subject to equal division between you and your spouse should you end up in divorce.
Separation agreements are contractual arrangements between spouses who have decided to live apart but remain legally married. They serve as a way for you to establish the terms of your separation and address related issues, from property rights to parental rights and more.
At Petitt Family Law, our seasoned family law attorney can assist with negotiating, drafting, and filing your separation agreement. Attorney Melody Petitt brings extensive experience, strong negotiation skills, and professional knowledge of Texas family law to this issue.
Reserve your confidential case evaluation with our McKinney separation agreement attorney by reaching us via our contact form or at (469) 716-6893.
Texas Separation Agreements
Separation agreements can be complex because Texas law does not offer a standard framework for legal separations. However, they function by allowing couples to stipulate certain conditions and responsibilities during their period of separation. This may include decisions related to property division, child custody, child support, and spousal maintenance.
Separation in this context is like divorce because either you and your spouse or a judge will determine the above issues. However, you and your spouse will remain legally married after your separation. Should you or your spouse decide to remarry during the separation, it is impossible without converting your separation agreement into a divorce.
Candidates for separation agreements are typically those couples who wish to live separately but do not want to or are not ready to divorce. This could be for personal, financial, or religious reasons. Economic reasons could include retaining federal benefits, tax benefits, or health coverage under an employer for a spouse. It's also a viable option for those who need time apart to decide if divorce is the right course of action.
The legal requirements of a separation agreement in Texas include that the agreement must be in writing, signed by both parties, and, ideally, approved by a court. The agreement should address all relevant issues and matters concerning the couple's situation.
Temporary Orders & Protective Orders During Separation
Temporary Orders and Protective Orders are two types of legal instruments that can be used in Texas during a period of separation to establish certain conditions and protections.
A Temporary Order is a court order that sets temporary rules for spouses during divorce, which can also apply when couples are informally separated. These orders often address issues such as child custody, visitation, spousal support, and property use. For example, a Temporary Order might specify who will stay in the marital home, who will pay specific bills, or how children's time will be divided between the parents.
These Orders are legally binding, and any violation is considered a serious offense. The repercussions for violation can include being held in contempt and court sanctions, which can consist of fines or even jail time, depending on the severity of the case.
On the other hand, a Protective Order, also known as a restraining order, is designed to protect individuals from family violence. In the context of separation, a Protective Order may be necessary if one spouse has been abusive or threatening. It can mandate that the abusive spouse stay away from the other spouse and their children, refrain from contacting them, and surrender any firearms. Violating a Protective Order can result in criminal penalties.
Both types of orders can be crucial during a period of separation. If tensions are high and a risk of conflict exists, a Temporary Order can help maintain stability by setting clear expectations for both parties. A Protective Order can provide an essential layer of protection for the vulnerable spouse and children if a threat of violence exists.
Hear From Our Happy Clients
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"Melody saved my case."When Melody took over my case, it was going nowhere, the previous attorney had done nothing for months but allow opposing counsel to stall, allowing my case to become dormant, luckily that attorney left the firm. When Melody took over she immediately began filing motions, requesting documents that previously had been denied. The outcome of my case was not all I’d hoped for, but Melody made sure I was able to maximize and make the best out of a bad situation. She was always honest, forthright, and meticulous in her handling of the case. She even pushed for the firm to credit my account for work that the previous attorney had not completed. If you want integrity, honesty, and hard work, definitely hire Melody Petitt as your counsel.- Tomas
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"Amazing results. My only regret is not hiring her initially several years ago."
Melody exemplifies everything that I needed in an attorney. She followed through on every aspect of what she said she would do. Along the way, she always kept my interests in mind when following up with the courts and giving me closure. All this in just a few short weeks before closing out the 2020 year during a pandemic.
In my previous experiences, I’ve always had to chase down my attorney or come up with the solutions on my own. Melody was the exact opposite of that. Replies were very timely, and she came up with solutions prior to discussing with me with any setbacks that would come up.
My only regret is not hiring her initially several years ago.
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"Thank you so much for all of your help! I’m happy I had such an amazing team in my corner!"Thank you so much for all of your help! You and your team have been great and a huge help in aiding me to navigate through those difficult times. I’m glad it is finally over and I’m happy I had such an amazing team in my corner!- Ben
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"You will not find a better attorney than Melody Petitt!"As a single father living in a different state, Melody was knowledgeable about Family Law regarding my specific circumstance. She was personable and well versed in jurisdictional law in Texas and interprets the law similarly to the Court. Melody was respectful of my want to minimize cost but did not cut corners either. Melody and her staff was was communicative throughout the process. You will not find a better attorney than Melody Petitt!- Darryl
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"Melody is a great family lawyer."Melody and the firm’s staff gave us excellent assistance in our successful effort to gain custodial control of our grandson. She guided us through the process, timely filed all documents and gave us great representation in the court proceedings.- Steven
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"Simply the best lawyer I have ever had."Simply the best lawyer I have ever had. I have had the pleasure of having her work on my case for a year. She is full of information and guidance. She is not afraid to tell you if what you think is a bad move and direct you in the right direction. She will not let you down.- Anonymous
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"Excellent, professional and knowledgeable staff."Excellent, professional and knowledgeable staff. Always ready to serve your family law requests.- Ross
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"Smart, quick, and thorough."Melody Petitt handled my case quickly and thoroughly. I was so happy with her dedication to keeping my family and I safe and getting the proper legal measures in order. She was able to get my Protective Order filed and eventually won while keeping me informed and confident through the whole thing. I would highly recommend her to anyone.- Anonymous
Why Choose Petitt Family Law?
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Hundreds of Satisfied ClientsWork with a dedicated law firm with positive reviews from happy clients.
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20+ Years of ExperienceAttorney Melody Petitt has over 2 decades of family law experience.
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