Am I still legally able to file for legal seperation without having to wait on my divorce court date to pass?

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Am I still legally able to file for legal seperation without having to wait on my divorce court date to pass?

Asked on October 19, 2010 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am a bit confused by your question.  What do you mean by your "divorce court date?"  Have you been served with paperwork regarding a divorce from your spouse?  Are you already involved in a divorce proceeding?  It is my understanding that Texas does not recognize the concept of a legal separation.  You are "married" until the court enters a final decree of divorce.  You can enter in to a legal separation agreement or "partition and exchange agreement" between you but that is not the same thing as filing for separation as you have indicated here.  If this does not answer your question please write back with more details as to what you mean and need to know.  Good luck.


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