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You cannot get a legal separation instead of a divorce in Texas. Texas law does not recognize legal separations.A legal separation is a legal agreement between spouses that covers living arrangements, spousal support, and child custody. A "separation" means that you and your spouse are living apart but are still legally married. Legal separation is a process that allows spouses to live apart and lead separate lives while maintaining the benefits of marriage. A divorce is the complete severing of the legal ties between a married couple. Legal separation offers an alternative to divorce. The law does not require you to live with your spouse. However, separating from your spouse may affect your legal rights. Legal separation and dissolution of marriage are identical in all respects except that when the Judgment is issued, the parties still are married.