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How can we legally explain wanting to get a divorce, but we will continue to be a couple, with two children?

Asked over 2 years ago - Houston, TX

My husband and I are planning on getting a divorce but we will remain together and we have two children. Can we get a divorce? There is no need for alimony, child support or any other dispute so, how can we or how do we get a divorce?
Since we will still be together as a couple but we are only trying to remove the our civil marriage part, how do we legally explain and what are the complications? Would we need a lawyer? I know that, if in the future we were to separate we'd have to go to court for custody of our children, unless we can amicable agree and have it written in paper. Correct?

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We will still be together. We just want the civil marriage to be taken out. We were a couple before we got married and that's how we plan for it to be. We will still live together, we will still own things together and we do have things in common. How could it not work? I understand that if we do get a divorce we'd have to go to court as far as the children go, and for our common law marriage, which is what it was before we got married anyway.

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Attorney answers (1)

Patricia Faye Bushman

Reputation Level 15

Answered over 2 years ago. Family Law Attorney in Houston, TX.

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You can't get a divorce without addressing property and child issues. A divorce is a dissolution of the marriage - you aren't a couple any long; you don't live together' you don't own things in common, .... I'm not sure what you are trying to accomplish but odds are it won't work or be allowed. Feel free to call the office if you would like to set up a consultation to discuss your situation further.

For educational purposes only. No attorney-client relationship was created by this communication.

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