If you’re thinking about ending your marriage in Texas, you may be wondering: “Do I need to be separated first?”
It’s a common question, especially for those going through a difficult time at home or unsure about the legal process. Texas laws around divorce and separation are different from those in some other states. Knowing how the system works can save time, money, and stress, especially if you’re trying to protect your rights, your property, or your children.
In this article, we’ll explain what separation means in Texas, whether it’s required before divorce, how it affects your rights, and how the Texas Family Code addresses these issues. We’ll also walk through real-life scenarios, answer common questions, and explain how Turner-Monahan PLLC helps clients navigate this important step.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Does Texas Require Separation Before Divorce?
No, Texas does not require you to be legally separated before you can file for divorce. In fact, Texas does not recognize legal separation at all. That means even if you and your spouse live apart for months or years, you’re still considered legally married until the court finalizes your divorce.
So, if you’re searching for a legal separation lawyer in Texas, what you really need is a trusted divorce attorney or family law attorney to guide you through the full divorce process.
What the Texas Family Code Says
The Texas Family Code governs all matters related to divorce, property division, spousal maintenance, and more. Let’s look at what it actually says about separation and divorce timelines.
Residency and Waiting Period
Under Texas Family Code § 6.301, to file for divorce in Texas:
- One spouse must have lived in Texas for at least six months, and
- In the county where the divorce is filed for at least 90 days.
Additionally, Texas Family Code § 6.702 requires a 60-day waiting period after filing before a divorce can be finalized (except in cases involving family violence).
This waiting period is often confused with a separation period, but it’s not the same. The law does not require spouses to live apart before this.
“A court may not grant a divorce before the 60th day after the date the suit was filed…” – Texas Family Code § 6.702
What If We’re Already Living Apart?
Living apart may be emotionally or financially necessary, but it doesn’t speed up the divorce process legally. However, separation can still affect:
- Spousal maintenance (temporary financial support)
- Child custody arrangements
- Dividing assets like bank accounts or property
If you and your spouse are living apart, it’s smart to document this separation. While not legally required, it may help your attorney build your case for spousal support or define who’s responsible for what during the divorce.
Example Scenario: No Separation Needed
Let’s say you and your spouse are still living in the same house. You’ve had serious problems for months, and now you’re ready to file for divorce. Even though you haven’t moved out, you can file immediately, as long as one of you meets the residency rules.
Or maybe you moved out six months ago and haven’t spoken since. You still need to file and wait the 60 days before the court can finalize anything.
In both cases, a skilled divorce attorney near you can help you file the paperwork, protect your property rights, and guide you through every step.
But What About Legal Separation?
Texas does not have a legal separation status. That means you cannot file for “legal separation” as you might in other states.
However, Temporary Orders are available through the court during divorce proceedings. These can cover:
- Who lives where
- Who pays what bills
- Child custody and visitation
- Temporary spousal support
If you’re in a high-conflict or high-asset divorce, these orders can protect your rights while the divorce is pending.
How Does Separation Impact Property Division?
Even if you’ve been separated for years, all income and assets earned during the marriage are still considered community property under Texas law.
Under Texas Family Code § 3.002, “community property” includes all property acquired by either spouse during the marriage, unless it’s a gift, inheritance, or separate property by agreement (such as a prenuptial or postnuptial agreement).
So, if you’ve been separated but not divorced, your spouse could still have a claim to things like:
- Business earnings
- House equity
- Retirement accounts
- Inheritance mixed with marital funds
This is why many people work with a divorce asset split lawyer, especially in high-net-worth divorce cases.
Common Questions About Separation and Divorce
Can I get divorced without moving out?
Yes. You do not need to live separately to file for or finalize a divorce in Texas.
Does living apart mean I don’t owe spousal support?
No. The court may still order spousal maintenance based on factors like income, disability, and marriage length, regardless of whether you live together or apart.
What if I want to protect my property while separated?
You can work with a prenuptial agreement lawyer or seek postnuptial agreement services to define how assets should be divided if you haven’t filed yet.
The Divorce Process Without Separation
Here’s a basic overview of how divorce works in Texas, without needing to separate first:
- Hire a divorce attorney
You can search for terms like affordable divorce attorney near me or best divorce attorney in Fort Worth to find a trusted law firm.
- File your petition
Once you meet the residency rules, you file for the dissolution of marriage.
- Wait 60 days
This is a mandatory period before the divorce can be finalized.
- Negotiate terms or go to court
Decide on marriage asset division, child custody, and support. A good divorce law firm or family court lawyer will help.
- Finalize the divorce
Once agreements are made or court orders issued, the judge signs the decree.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
For more than 50 years, Turner Monahan PLLC has provided clear, strong guidance through the entire divorce process. Whether you’re filing in Fort Worth, Cleburne, or anywhere in Tarrant or Johnson County, our team knows how to get results.
At Turner-Monahan, PLLC, we’ve helped thousands of families across Texas navigate the most difficult moments with clarity and care. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
