As experienced divorce lawyers at JeffMcKnightLaw, we often get asked, “How long do you need to be separated to get a divorce in Texas?” You might be surprised to learn that Texas doesn’t actually require a set separation period before you can file. However, understanding the ins and outs of this process is critical to ensure your path forward is as smooth as possible. Let us guide you through it with our expert knowledge and compassionate approach.
As stated in Texas Family Code, there is no specific time you need to be separated before filing for divorce in Texas. However, you must meet the six-month residency requirement in the state. The actual divorce process can take at least 60 days.
Texas Separation Requirements for Divorce
In Texas, one spouse must have resided in the state for at least six months before filing for divorce.
Essentially put, the couple must have lived in the county where they are filing for divorce for at least 90 days. Texas law requires them to have a valid reason for the divorce, such as not getting along, cruelty, cheating, a felony conviction, abandonment, living apart for three years, or being in a mental hospital.
Essentially put, they must also agree on how to divide their property and who will take care of their children. If they have young children, they need to agree on a parenting plan. The judge can grant the divorce once all conditions are met, and the couple will be legally divorced.
Understanding Divorce Laws in Texas
Divorce laws in Texas require a 60-day waiting period from the filing date before a marriage can be legally dissolved.
In basic terms, in Texas, either spouse can ask for a divorce if they’ve lived in the state for at least six months. You can get a divorce for reasons like incompatibility (no-fault) or problems like cheating, abuse, or being abandoned (fault-based).
When you ask for a divorce in Texas, you need to explain why you want it and give details about any children, property, money, and debts you have. Texas considers anything you got during the marriage as belonging to both spouses, so it needs to be divided equally unless you both agree to a different division.
When it comes down to it, during the divorce process, both spouses must share all financial details and work out an agreement on things like child custody, child support, alimony, and dividing property and debts. If you can’t agree, a judge will decide for you.
Once the divorce is over, both spouses can marry someone else. Divorce laws can be tricky, so it’s a good idea to get help from a lawyer to make sure your rights are protected.
Do You Need to Be Separated Before Divorce in Texas?
In Texas, couples can file for divorce without any legal separation period beforehand.
In other words, in Texas, you don’t need to prove that someone did something wrong to get a divorce. You can just ask for one. But, living apart before you file for divorce can be helpful for emotional and practical reasons.
Essentially speaking, if you have kids, taking some time apart can help you figure out parenting plans and get used to co-parenting.
Legal Guidelines for Divorce Separation in Texas
In Texas, a unique requirement for filing divorce is that one spouse must have resided in the state for a minimum of six months and in the specific county for at least 90 days.
Essentially speaking, the divorce process in Texas starts with filing a form to request a divorce, explaining the reasons, such as cheating, leaving, or cruelty. Texas allows no-fault divorces, so you can also file simply because you and your spouse can’t get along anymore.
While the divorce is being processed, the court will deal with dividing property and debts, deciding on child custody, visitation rights, and child support. In Texas, anything gained during the marriage is usually split equally, unless there’s a prenuptial agreement saying otherwise.
If children are involved, the court will focus on what’s best for them when making decisions about custody and support. In other words, Texas law tries to keep both parents involved in their children’s lives, but the court’s main concern is the children’s well-being.
Many divorce cases in Texas require mediation, where couples try to resolve disputes without going to court. If mediation doesn’t work, the case goes to trial, and the judge will make the final decisions.
Duration of Separation Before Divorce in Texas
In Texas, couples must wait at least 60 days after filing before their divorce can be finalized.
Come to think of it, couples have to wait at least two months before their divorce can be approved by the court. This waiting period is required and can’t be skipped, even if both agree to the divorce. During these two months, they might need to go to mediation sessions or court hearings to sort out issues like child custody, support, and dividing property.
To outline briefly, if they can’t agree on these issues, the court might set up a trial to decide.
How long it takes to finalize a divorce in Texas varies. Some divorces may be completed just after the 60-day waiting period, while others can take several months or even years. It’s important for couples to get legal advice during the divorce process so their rights are protected and everything is handled fairly.
My Concluding Remarks
In Texas, there is no specific time requirement for how long you have to be separated to get a divorce. While the state does not mandate a separation period, most couples typically live apart for at least 60 days before filing for divorce.
What JeffMcKnightLaw is wanting you to know is, Um, so ending this, the decision to divorce is based on individual circumstances and legal requirements rather than a specific duration of separation.
