Do you have to be separated a certain number of days to file for divorce? 44 Answers as of June 10, 2013

Do you have to be separated a certain number of days to file for divorce?

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The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You do not need to be separated if you meet the other conditions.
Answer Applies to: New Jersey
Replied: 7/19/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
No, there is no legal separation requirements in Texas.
Answer Applies to: Texas
Replied: 7/14/2011
ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
In Louisiana you may file for divorce at any time, but you will have to be separated for a period of time prior to the granting of a final divorce, provided your spouse has not committed adultery or a felony. If you have minor children, you must live separate and apart from your spouse for 365 days to file for final divorce. If there are no minor children, the separation period is 180 days. You may file for divorce and then separate, separate and file, or you may separate and wait the entire time period prior to filing. If you need other issues decided in the meantime, such as child custody, child support, use of the family home, etc., you may have to file early rather than wait for the full time period to lapse.
Answer Applies to: Louisiana
Replied: 7/14/2011
Palomino Law Firm, P.C.
Palomino Law Firm, P.C. | Debra Palomino
No, there is no requirement that you be separated before filing for divorce.
Answer Applies to: Arizona
Replied: 7/14/2011
Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
In Georgia, there is no specific time requirement for separation before filing for divorce. You do have to be living in a "bona fide state of separation" at the time of the filing of divorce. For all practical purposes that simply means that you have ended marital relations, but you could be living in the same house.
Answer Applies to: Georgia
Replied: 7/14/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    You need to be physically separated for one year and one day to file for absolute divorce in North Carolina.
    Answer Applies to: North Carolina
    Replied: 7/14/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    No.
    Answer Applies to: Oregon
    Replied: 7/14/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    No. The signature of the Petitioner on the Petition for Dissolution of Marriage constitutes separation sufficient for a Divorce case to be filed. The earnings and accumulations of each spouse following separation are the separate property of each respective spouse.
    Answer Applies to: California
    Replied: 7/14/2011
    Goodman, Dicus, and Teinert, LLP
    Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
    No. You are free to file for divorce at any time you feel the relationship is no longer reconcilable.
    Answer Applies to: California
    Replied: 7/14/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    no
    Answer Applies to: Washington
    Replied: 7/14/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    No, in Washington, you do not have to be separated a certain number of days before you can file for divorce. In fact, you can file without ever even being separated. There is a waiting period, however, after the initial pleadings are filed and served on your spouse. That waiting period is 90 days. So, once you have started your divorce, you have to wait at least 90 days before you can finalize it.
    Answer Applies to: Washington
    Replied: 7/14/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    No. There is no separation requirement in Colorado and, legally, there is nothing to prevent you and your spouse from continuing to live together during and after the divorce - if you can get along.
    Answer Applies to: Colorado
    Replied: 7/14/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    No, you actually can be living in the same residence and file for divorce. Date of separation is when the marriage is over.
    Answer Applies to: California
    Replied: 7/14/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    no you don't
    Answer Applies to: Florida
    Replied: 7/14/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    No. In fact, you don't even need to be separated to file. However, at least 90 days must pass from the date the divorce complaint was served on the defendant until a divorce decree can be entered by agreement of the parties.
    Answer Applies to: Pennsylvania
    Replied: 7/14/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Under Minnesota law, there is no required period of separation for filing a divorce or completing divorce.
    Answer Applies to: Minnesota
    Replied: 7/14/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    There is no seperation requirement to file for divorce.
    Answer Applies to: Nebraska
    Replied: 7/14/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    There is no such requirement in Florida.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Nevada has no waiting periods of any kind, save for establishing residency.
    Answer Applies to: Nevada
    Replied: 7/13/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    No. You could reside together through the entire process. Stay well.
    Answer Applies to: Alabama
    Replied: 7/14/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You need a reaswon to divorce in Ohio, and one of the listed reasons is a separation of more than one year. Others include gross neglect of duty and irreconcilable differenes. Please see a domestic relations attorney near you for further information.
    Answer Applies to: Ohio
    Replied: 7/13/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    No. There is no law that requires you to be separated for a number of days. In fact many people file for divorce and continue to live in the same house as their spouse while the dissolution action is proceeding through the courts. This is happening more often nowadays when the cost of housing is so expensive.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Office of Margaret D. Wilson
    Law Office of Margaret D. Wilson | Margaret Wilson
    In California a party may file for divorce/dissolution of marriage the moment they decide they no longer want to be married. There is not requirement that they be separated or even live apart before filing for divorce/dissolution of marriage.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    To obtain an absolute divorce in Arkansas the moving party must be able to show that they have been a resident of the state for at least 60 days before filing the complaint. Separation is from the marriage, not necessarily from the physical home. If you have been separated for 18 months without cohabitation you can obtain a no-fault divorce, if you have not been separated for 18 months you must allege and offer some proof of grounds. Most people in Arkansas will claim general indignities as their grounds, other grounds are adultery, failure to support, drunkeness, incarceration for over a year, and a few other throw-backs from the "good old days."
    Answer Applies to: Arkansas
    Replied: 7/13/2011
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