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McKinney Family Lawyers Discuss Alternatives to Divorce

If you and your spouse no longer wish to remain together but, for one reason or another, do not wish to pursue a divorce, you potentially have a few different options available. The options you have will depend upon your specific goals and family circumstances; and, working with an experienced family law lawyer at Nordhaus & Nordhaus, PC, you may be able to explore a number of creative solutions that will allow you to move on without getting a divorce.

5 Potential Alternatives to Divorce in Texas

1. Annulment

While a divorce formally ends a marriage, an annulment voids a marriage from the beginning. If your marriage is annulled, from a legal perspective, it is as though you were never married. In Texas, the grounds for seeking an annulment are limited; but, if you are eligible to file, seeking an annulment can be an efficient way to terminate your marriage.

2. Postnuptial Agreement or Partition Agreement

Texas is among the states that recognizes the legal enforceability of both prenuptial and postnuptial agreements. A postnuptial agreement (or partition agreement) can serve a number of purposes for spouses who do not wish for the default rules of marriage to apply. For example, you can agree that certain assets (such as a home or business) are the sole property of a single spouse, and you can agree that future income will not become community property.

3. Court Orders and Injunctions

While Texas law does not formally recognize the concept of a legal separation, for spouses who are living separately, court orders and injunctions can provide legal certainty regarding matters such as access to the couple’s children and use of shared financial resources. In the absence of a court order, prohibiting your spouse from seeing your children can have significant legal ramifications, and spouses should not take any such action without first seeking experienced legal representation.

4. Family Mediation

Mediation is an effective tool for resolving spouses’ differences in a divorce, and it can be useful for resolving differences outside of the divorce context as well. If your goal is to remain together, you and your spouse may be able to use mediation to come to terms on everything from responsibility for household chores to management of family finances.

5. Estate Planning

If your concerns have to do with the inheritance of your estate, comprehensive estate planning can help ensure that your wealth will transfer as you desire. Due to Texas’s community property rules, it may also be necessary to enter into a postnuptial or partition agreement. We represent clients in estate planning and family law matters, and we can help you devise a plan for ensuring that your assets and family treasures are secure.

Contact Our McKinney Family Lawyers for a Free and Confidential Consultation

For more information about the alternatives to divorce in Texas, please contact our McKinney, TX law offices to arrange a free and confidential consultation. You can reach one of our McKinney family lawyers by phone at (214) 726-1450, or tell us how we can reach you and we will be in touch as soon as possible.


Hear What Our Clients Have To Say

"Myself and my husband recently relocated to Texas and had to make a new will. We consulted with April Nordhaus regarding wills, probates and creating a revocable trust. April made a very difficult subject easy and straight forward. With April's help we successfully created a will and a revocable trust. April was really thorough in talking us through it. She explained everything in an easy to understand language with warmth and personality yet still maintaining a high standard of professionalism. We highly recommend April Nordhaus."