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Do you have to legally separate before getting divorced in Texas?

On Behalf of | Apr 18, 2023 | Family Law & Divorce

Divorce is a difficult and emotional process, often raising numerous questions for those going through it.

One common question for individuals considering divorce in Texas is whether they must go through a legal separation before filing for divorce. It is helpful to understand the requirements for divorce in Texas and if legal separation is necessary.

Legal separation in Texas

Unlike some states, Texas does not recognize legal separation. Couples in Texas are either married or divorced, with no in-between status. This means that you do not need to go through a legal separation process before filing for divorce in Texas.

Waiting period and residency requirements

Although there is no legal separation requirement in Texas, there are some specific waiting periods and residency requirements that you must meet before filing for divorce. To file for divorce in Texas, at least one spouse must have lived in the state for a minimum of six months and in the county where they filed the divorce for at least 90 days.

Once you file for divorce, there is a mandatory 60-day waiting period before the courts will finalize the divorce. This waiting period allows time for reconciliation or negotiation of the divorce terms. In certain cases, such as those involving domestic violence, the court may waive the waiting period.

It is essential to be aware of the laws pertaining to divorce in Texas. Knowing these requirements and guidelines can help you navigate the divorce process more smoothly and help make a stressful time a bit easier to handle.