Do my wife and I need to be physically separated to get a divorce? 21 Answers as of July 12, 2013

Do my wife and I need to be physically separated in different places before we can get a divorce?

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Deal & Hooks, LLC
Deal & Hooks, LLC | Shawn P. Hooks
No you don't have to live in a different residence to file for divorce. That is one possible ground, but there are many other grounds that you have available; including incompatibility.
Answer Applies to: Ohio
Replied: 6/9/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
No. One reported appellate case in California required actual physical separation, i.e., that the parties live at separate addresses to be separated, but the judges and attorneys are not following that case. It does take a communication and a manifestation of conduct that the marriage is over, or things to that effect, to qualify as a separation. Preparing and filing a divorce case qualifies as a communication and manifestation of separation, but there are other ways that people can separate.
Answer Applies to: California
Replied: 6/8/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
No. Many times people continue to reside in the same house, just in separate bedrooms, due to financial circumstances and/or dispute over who gets the house.
Answer Applies to: Florida
Replied: 6/8/2011
Berner Law Group, PLLC
Berner Law Group, PLLC | Jack Berner
It depends on your proposed division of assets and debts, the custody split (if any), as well as what state you're in. If you're a Western Washington resident, feel free to contact my office for a free, no obligation consultation regarding your situation.
Answer Applies to: Washington
Replied: 6/8/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You do not have to separate in order to file. But you do have to separate and "cease living together as husband and wife" before the final hearing. That requirement is tricky, since Texas recognizes common law marriage. Accordingly, while you could technically remain roommates, it does muddy the water and separation is the cleanest way to clear it up.
Answer Applies to: Texas
Replied: 6/8/2011
    Naomi Hirayasu Attorney at Law
    Naomi Hirayasu Attorney at Law | Naomi Hirayasu
    Depends on the state you live in. Call a lawyer in your state.
    Answer Applies to: Hawaii
    Replied: 6/8/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    No you do not have to be separated to get a divorce in NY any longer. Good luck.
    Answer Applies to: New York
    Replied: 6/8/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    No, under Washington law there is no requirement that the two of you be physically separated in order to get divorced.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    It is imperative that you discuss this matter, and all the facts, with your own divorce lawyer before you make decisions. In Georgia, it is not legally required, generally, that a party has moved out prior to filing and there might be good reasons not to do so. Again, consult with your own divorce lawyer. Good luck!
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    No. You can live in the same residence. Stay well.
    Answer Applies to: Alabama
    Replied: 6/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. No time period of physical separation is required in Minnesota. Such periods are often required in Eastern states.
    Answer Applies to: Minnesota
    Replied: 6/8/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    No. But eventually you will be living apart. It is simply a question of when.
    Answer Applies to: Connecticut
    Replied: 6/8/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Florida does not have a separation requirement. The parties can continue living in the same home, if they wish, during the pendency of the case.
    Answer Applies to: Florida
    Replied: 6/8/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    No. Why would that be necessary?
    Answer Applies to: Washington
    Replied: 7/12/2013
    Doi/Luke, Attorneys at Law, LLLC
    Doi/Luke, Attorneys at Law, LLLC | Gavin K. Doi
    In the State of Hawaii, there is no requirement that spouses have to be physically separated before filing for divorce.
    Answer Applies to: Hawaii
    Replied: 6/7/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    No. you do not need to be physically separated before you can file for divorce (i.e., file a divorce petition and related paperwork with the court). You can start the divorce process while still living together. You can even live together after the divorce is final, if you so choose.
    Answer Applies to: California
    Replied: 6/8/2011
    The English Law Firm
    The English Law Firm | Robert English
    No. Date of "separation" is the date at which there is no hope for the marriage. It does not require a physical separation. Some couples remain living together even after divorce.
    Answer Applies to: California
    Replied: 6/7/2011
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