Texas Separation Requirements Before Divorce

For couples who aren't quite ready to tackle divorce, separation can be a great precursor, giving them time and space to figure out what they want to do. One question we're often asked is: how long do I have to be separated before filing for divorce? The short answer is Texas doesn't have a separation requirement.

Can You File for Legal Separation in Texas?

No, you cannot file for legal separation in Texas. Texas courts do not recognize legal separation. However, you can still separate for as long as you would like. A separation period prevents quick divorces and provides a cooling-off period for level heads to, hopefully, prevail.

How to Mimic a Texas Legal Separation

To offer you some of the protections found in a legal separation, a Partition and Exchange Agreement can be filed on your behalf. This is a kind of postnuptial contract which can be used to override the standard rules of community property and distribute assets according to how you choose. Furthermore, custody and childcare arrangements can be made through either a protective order or by filing a Suit Affecting the Parent-Child Relationship, both of which can make your parenting plan legally binding.

Residency Requirements

While Texas might not enforce separation, it does have residency requirements. To file for divorce in Texas, at least one of your duo has to have lived in the state continuously for six months. In addition, that person must meet the county requirement. In Denton, the threshold is ninety days.

Mediation

Another potential roadblock to a quick divorce is mediation. During mediation, a neutral third party will meet with you and your spouse to try and help you reach an agreement outside of court. At North Texas Family Lawyers, we urge our clients to try mediation before proceeding to litigation. In Denton, mediation is not required; however, in some counties, it is a mandatory step for anyone wishing to pursue a contested divorce.

Required Waiting Period

The most similar rule to a required separation period is Texas's waiting period. According to the Texas Family Code, judges cannot make a final ruling on a divorce until sixty days after the filing date. This delay is designed to give couples time to reconcile. The only time courts are willing to make an exception is for situations involving domestic violence.

Legal Separation Attorneys in Texas

Even if Texas doesn't require it, separation can be the perfect solution for couples who need time and space to decide if divorce is right for them. If you are contemplating the possibility of separation in Texas, the family law attorneys at North Texas Family Lawyers want to hear from you. Call us today at (972) 436-8000, or schedule a consultation online, and let us help you find a solution that will work best for your unique situation.