No, you do not have to be legally separated before filing for divorce in Texas. The State of Texas does not offer a legal separation option, which is often confused with the contested divorce grounds of ‘living apart.’ Discuss the grounds for divorce in San Antonio, including the benefits and drawbacks of de facto legal separations, with an experienced divorce lawyer in Texas.
Understanding ‘Legal Separation’ in Texas
Family law is extremely state-specific. Many states recognize, and can even require, couples to legally separate before filing for an absolute divorce. Legal separation, sometimes called divorce from bed and board, is offered in some states as a middle ground between marriage and divorce. In Texas, couples are either married or divorced. Spouses may choose to enter into private agreements to live separate and apart for a time, called a de facto legal separation, but this is not an ‘official’ relationship status in the state.
Filing for Divorce in San Antonio After ‘Living Apart’
Because Texas does not recognize legal separation, you are not required to be legally separated before filing for a San Antonio divorce, provided you meet all other eligibility and residency requirements. However, legal separation is often confused with a fault-based ground for divorce in Texas, known as ‘living apart.’
Texas Family Code § 6.006 permits the judge to grant a contested divorce in favor of either spouse if they have been living apart without cohabitation, which generally means in different homes, for at least three years. This typically does not mean you’ve lived together on and off for the past few years. You must have lived entirely apart for at least the past three years to qualify for a contested divorce on these grounds.
Grounds for Dissolving Marriages in the State of Texas
Because Texas does not require legal separation before divorce, talk to an experienced divorce lawyer about your eligibility to file for divorce in Texas based on the following grounds:
- Insupportability (no-fault/uncontested grounds)
- Cruelty
- Adultery
- Felony conviction
- Abandonment
- Living apart
- Institutionalization (confinement in a mental hospital)
Certain spouses can also qualify for an annulment, and spouses can jointly consent to an uncontested divorce in San Antonio. You must meet specific legal requirements to file for divorce in Texas, especially if you have shared children; however, divorce is not contingent upon legal separation.
Connect with an Experienced San Antonio Divorce Law Firm
Although Texas does not recognize legal separation, a dedicated divorce mediator can still help you develop a working co-parenting and private separation agreement before divorce. This agreement could be used as the basis for your final divorce agreement, but it is not necessary to obtain a divorce. Discuss your rights and options by calling (210) 740-0281 or connecting with us online.