Legal Question in Family Law in Texas

Filing out the Original Petition forDivorce

Under the section Dates of Marriage and Separation. WE STOPPED LIVING TOGETHER AS HUSBAND AND WIFE ON OR ABOUT (DATE). Does this mean the day I moved out of the house or the day we began living separate lives while still living under the same roof?


Asked on 5/21/07, 3:49 pm

1 Answer from Attorneys

Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: Filing out the Original Petition forDivorce

It doesn't matter legally. There is no requirement in Texas that a divorce decree state the date of separation. "Date of separation" is simply superfluous language included in the form.

There could be an exception to this point depending on some claims for disproportionate division, but that date would appear separately in the decree or in findings of fact. The section you are talking about is boilerplate language.

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Answered on 5/21/07, 4:06 pm


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