How Long Do You Have to Be Separated Before You Can File for Divorce in Texas?

How Long Do You Have to Be Separated Before You Can File for Divorce in Texas?

Feb 19, 2024
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Although divorce is a common event these days, the act of separating from a relationship that you once thought would last forever can be stressful and devastating for everyone involved. Figuring out how to split finances, property, and child custody can be overwhelming, especially when simultaneously reckoning with the ending of your relationship. 

On top of all of these personal decisions you will be grappling with, some states require a period of separation before you can legally file for a divorce. Your Fort Worth divorce attorney can advise on all the specific requirements for your divorce case. 

 

Texas Separation Requirements 

There are a few states that require that a couple is separated for a certain amount of time, which could be anywhere from ninety days to two years, as a first step before petitioning for a divorce. The rules vary from state to state and could also change depending on if children are involved, if the divorce is at-fault, or if the divorcing parties have not been residents of the state for a certain amount of time.

Fortunately, Texas is one state that does not have separation requirements for couples looking to end their marriage. This means that the divorce process can be a bit more straightforward since you and your partner do not have to go through a lengthy period of separation before moving forward to file for a divorce in the state of Texas

 

Other Requirements when Petitioning for a Divorce in Texas

While there are no stringent rules that require a separation period for couples looking to divorce, there are still certain requirements in Texas. It is important to understand these requirements in order to properly plan for your case. Just some requirements include:

  • While being married, the couple must have resided in Texas for at least six months before filing for divorce. For example, if you have been married for five years but have only lived in Texas for three months, you can file for a divorce, but the courts will typically wait an additional three months to grant your divorce.
  • You must live in the same county where the petitioner, the person requesting the divorce, has lived for at least ninety days. 

The state of Texas can deny your petition for divorce if you do not meet these requirements, and this can end up costing additional money and unnecessary delays. For this reason, it is helpful to work with an experienced divorce attorney as you begin the divorce process in Texas. 

 

Speak with an Experienced Fort Worth Divorce Lawyer Right Away

Going through a divorce can become a complicated situation, even if both parties start on amicable terms. If you are considering a divorce or have started the conversation, it is advisable to speak with a knowledgeable attorney to learn more about your rights. The team at Mims Ballew Hollingsworth Family Law in Fort Worth, Texas, is dedicated to helping our clients through the process of a divorce. 

Reach out today to schedule a free initial consultation. Please contact us online to book your appointment.

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