IF MARRIED IN TEXAS HOW LONG DO YOU HAVE TO BE SEPERATED BEFORE FILING FOR A DIVORCE

Asked on June 5, 2009 under Family Law, Virginia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Texas lawyer, but my research indicates that if you're relying on the length of separation as the grounds for divorce, it's three years.  But the statutes also appear to include a "no-fault" divorce that only requires "irreconcileable differences," and that section doesn't have a time requirement.

If you're living in Virginia (I don't practice there, either), it appears that you've been there for a year (six months, if there are no children, and you and your husband have reached a written agreement about all the money and property issues), you can file for divorce there.

You should have an attorney in the state you're going to file in, review all the facts of your case, for detailed advice that you can trust.  One place to find a lawyer is our website, http://attorneypages.com


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