DoI have to be separated first to get a divorce?

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DoI have to be separated first to get a divorce?

In TX.

Asked on November 14, 2011 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Texas does not require that you separate for any period of time before filing for divorce.  Generally,  a petition for divorce is required to allege that the residency requirements are met, that there was a valid marriage at one time, and that the marriage has now become insupportable because of discord or conflict.  Residency requirements include living in Texas for six months and the county for 90 days prior to the divorce petition being filed.  Many people do separate before filing for divorce, mainly because that's simply how the situation winds up.  However, others file for divorce and ask for temporary orders granting one spouse exclusive access to the marital estate-- which means that the other spouse has to move out.  If you request and are granted this relief, then a separation would be required.


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