Is Separation Required Before Divorce?

Is Separation Required Before Divorce?

If you are considering a divorce, it is helpful to know the timelines of when you can file and if there will be any obstacles. You might have heard stories from friends in other states who had to go through a lengthy separation period before they could initiate a divorce. Many states require a separation period before a couple can officially file for a divorce. The duration of the separation can range anywhere from six months to a year, depending on the state that you live in and are filing in. 

Fortunately, the state of Texas does not require couples to meet a separation requirement. This means that couples are able to file for a divorce as soon as they want. There are other considerations to contend with, like residency requirements and the terms of the divorce, but luckily, there is no period of separation requirement. 

A Fort Worth divorce lawyer can ensure you meet all requirements for your divorce case in TX.

Filing For Divorce While Living With Your Spouse

In Texas, you can file for a divorce even if you are currently living with your spouse. However, even though separation is not required before divorce, there is still a waiting period before your divorce can be finalized. 

Often, a divorce takes longer to finalize because couples are working out the terms of the divorce. These details often include child custody and child support, division of assets, and repayment of debts. The divorce process is frequently delayed while couples work to sort out the terms of their divorce. 

Ideally, you and your spouse are in agreement on these terms and do not have to face any delays while you work out the details. Regardless, it is advisable to work with an experienced attorney who can help guide you through the process. Once you do officially file your petition, the Texas courts will wait for 60 days before finalizing the divorce. 

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Other Residency Requirements in Texas

While couples are not required to go through a separation period before they file for a divorce, there are other regulations around residency in Texas. The spouse who files for divorce (the petitioner) or the other spouse (the respondent) must meet the Texas residency requirements in order to seek a divorce. 

First, one spouse must have lived in Texas for at least six months. Second, they must have lived in the county that they are filing in for at least the last ninety days. If both of those requirements are met, the couple can proceed in filing for their divorce. If these requirements are not met when the couple decides that they want to initiate a divorce, they must wait until the residency period is complete. 

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Even if you believe you have an amicable divorce, you can benefit from a legal representation on your side. The team at MBH Fort Worth Family Law is here and ready to help you navigate through the divorce process in Texas. We understand this can be a challenging time and want to make the process as easy as possible. Don’t hesitate to contact us today online or call us at 817-476-7964 to schedule your free initial consultation and learn more about your options. 

Constance Mims

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

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