Legal Question in Family Law in Texas

What is the required separation time before I can file for divorce when there a

I want to file for divorce on my own, there are no children involved, we have no property and my husband agrees to sign any documents necessary to obtain our divorce. I've heard that before you can file for divorce you have to be legally separated for at least six months if there is no property or any children and both parties agree (uncontested divorce); and one year requirement if there are children and property even if both parties agree (uncontested divorce). Is this true? I've been separated for eight months and would like to commence my divorce as soon as possible.


Asked on 4/12/02, 10:52 pm

2 Answers from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Re: What is the required separation time before I can file for divorce when the

There is no specific time for separation. I have had clients file for divorce while still living with each other.

If you are going to "do-it-yourselves", then you need to make sure that you do it right. For example, even though you say that there is no property, are you sure? Remember everthing that either of you has earned from the date of marrieage until now is community property. Have you bought nothing? Are there no retirement or 401(k) accounts? Anything like this needs to be disposed of properly in the divorce decree.

Even if you can't afford an attorney, you should call your local bar association office and ask if there is a legal clinic in your area.

Good luck.

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Answered on 4/15/02, 3:59 pm
John Pfister, Jr. Pfister & Associates

Re: What is the required separation time before I can file for divorce when the

No required time of seperation before you can file. You can even still be living together. Texas is no fault divorce state. You want a divorce you can get one. Just 60 day waiting period from time you file for divorce till time you can actually get it.

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Answered on 4/13/02, 9:34 am


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