Fannin, TX Divorce Law Firms & Lawyers

It sounds like you may have been sent a waiver of citation. However, you should read each documents carefully to determine what it is. Your best choice is to get an attorney to represent you because you could end up signing away your rights to property if you don't know what you're signing. Some important issues an attorney would consider is a list of all property and if there are children involved, where the children will live, child support, insurance for the children and a host of other issues.

Sorry, but the State of Texas does not have any legal provision that allows legal separation.  However, you could always enter into a Partition and Exchange Agreement that would divide your current community property and then enter into a Post-Nuptial Agreement that would control any future division of income or property, and then you could separate and live without continuing to accumulate community property.  The problem with that would be the possibility, no matter how remote, that a Court would find the Post-Nuptial Agreement is invalid and anything you have accumulated since the "separation" suddenly falls back under the community property presumption.

If the property was purchased prior to marriage and you did not add her name to the deed during the marriage, then then presumption is that the home is your sole and separate property. She might be entitled to some kind of reimbursement for payments made toward the mortgage during the marriage, but that is more complicated than what I can describe here. I recommend you consult with an attorney to discuss this in greater detail.