Is There a Mandatory Separation Period for Divorce in Texas?

When it comes to divorce, most states require that you and your spouse be separated for a certain period of time before you can file your divorce petition. Some states require that you be separated for at least six months. Others have a one-year mandatory separation period. Texas is one of the few states that does not require you and your spouse to be separated at all before filing for divorce.

When our Tomball divorce attorneys first meet with a new client, they seem surprised to hear this news. So many people do online research before they come to see a divorce lawyer. They don’t realize that a lot of the advice given online is written by people who aren’t lawyers. Or they were written by somebody who is an attorney, but who doesn’t practice in Texas.

Here, we will explain why so many states have a mandatory separation period. We will also clarify the divorce laws in Texas. If you still have questions or are ready to file for divorce, contact our office. We will gladly schedule a consultation with one of our Tomball divorce attorneys on your behalf.

Why Do So Many States Have a Separation Requirement?

As briefly explained earlier, Texas is one of the few states that has no mandatory separation period when it comes to divorce. Many states do require couples to separate for a certain period of time before they can file for divorce. Now, whether these couples are actually separated or not is up for debate.

Years ago, it was easy for a judge to find out that a couple had lied about being separated. People in small towns knew each other’s business and had no problem spilling what they knew to anybody who would listen. While gossip is still rampant today, people are less inclined to intervene in somebody else’s legal troubles.

A person could say that they have been separated from their spouse and nobody would be the wiser. It is rare that a judge or court clerk would actually press the issue. The only time this would happen is if your spouse is opposing the divorce. Then they would certainly admit to the court that you have been living together up until the day your Tomball divorce attorney filed your petition.

The reason why so many jurisdictions require you to be separated before you file for divorce is quite simple. The courts will do everything in their power to encourage people to settle their cases without the need for court intervention.

They figure that if they require people to separate for a certain period before filing for divorce, they are offering a cooling-off period. This allows both you and your spouse to rethink your decision to get divorced. For every couple that reconciles, that is one less case that will end up on the family judge’s docket.

A couple signing papers for divorce in Tomball, Texas

There Is No Mandatory Separation Period for Divorce in Tomball, Texas

As explained earlier, many of our divorce clients are surprised to learn that Texas has no mandatory separation period. Many of them come in expecting to hear that they cannot file for divorce until they can prove they were separated for anywhere from six months to a year. However, that isn’t the case in Texas.

While there is no mandatory separation period, there is a mandatory waiting period. You can file your divorce at any time. Your divorce lawyer in Tomball can even file your petition while you are still living with your spouse.

However, the courts do require that you wait at least sixty days before you attempt to finalize your divorce. You must wait for this required period before you file a motion for a final divorce hearing.

Our Divorce Lawyers in Tomball Will Do Their Best to Get Your Divorce Finalized as Quickly as Possible

In our experience, once somebody decides that they want to get divorced, there isn’t much anybody can do to change their minds. You may have already tried marriage counseling. You may have even separated for a period of time, hoping it would not come to this.

Regardless of the situation, if you’re ready to file now, our divorce lawyers in Tomball, Texas can help. Depending on whether you have children, we may be able to finalize your divorce in a matter of months. If you have a multitude of marital assets, it may take a bit longer. Our goal is to help you complete your divorce and walk away with a favorable settlement.

We suggest you contact our office so you can sit down and talk to a seasoned divorce lawyer in Tomball. Our associates have decades of combined experience handling all sorts of divorce cases. Some have been rather simple and straightforward. Others are quite complicated. It doesn’t matter how much baggage you feel you’re carrying around, we will help you throughout the divorce process.

While we can never guarantee how quickly your divorce will be finalized, we do promise to do whatever we can to make the process as streamlined and as painless as possible. Call today and set up a date and time to come into the office.

Bolton Law
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Bolton Law, led by board-certified lawyer Ruby Bolton, handles all types of divorce and family law matters.

With decades of combined experience, our team will work tirelessly to get you the outcome you deserve.