Can I divorce my spouse while living together?

Asked on September 17, 2018 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

While living together, you can file divorce for provable adultery or severe and recurrent cruelty. Other reasons to divorce require that you no longer live together (spouse abandoned you; spouse committed a crime and is jailed for more than a year; or you and your spouse voluntarily live separately for 3 years--if you go that last route, separating, you dont' need any reason to divorce other than that you want to).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.