we have son together. spouse is emotionally and verbally abusive I do not want my child to go through custody battle
Criminal Defense Attorney
If you're in Texas, you can't be legally separated regardless of where each of you is physically residing. Texas does not have any "legal separation" status. It sounds like you have some issues going on that would be good for you to talk to an attorney about in person. It's possible that there might be a better solution out there for you. Good luck.
2 lawyers agree
Family Law Attorney
We do not have legal separation in Texas. You can reside in the same place yet not live as husband and wife. Given the abuse allegations, however, you should reconsider the living arrangement. If you are not already represented by counsel, you need to consult an attorney immediately. Good luck!