How long do I have to be separated from my spouse before I can file for divorce? 22 Answers as of January 15, 2014

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James M. Chandler | James M. Chandler
There is no limit you can file anytime.
Answer Applies to: California
Replied: 1/15/2014
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona there is no time period for separation required to allow the filing of a petition for dissolution.
Answer Applies to: Arizona
Replied: 1/9/2014
J. Barbour Rixey, P.C.
J. Barbour Rixey, P.C. | J. Barbour Rixey
If you have no kids under 18 and a signed Separation Agreement then you can get divorced at the end of a 6 month separation. Otherwise it is 1 year except if the grounds are adultery.
Answer Applies to: Virginia
Replied: 1/9/2014
Kirby G. Moss PC | Kirby G. Moss
There is no requirement that you be separated for a certain length of time.
Answer Applies to: Indiana
Replied: 1/9/2014
The Law Office of James P Peterson
The Law Office of James P Peterson | James P Peterson
In Texas you can file for divorce while you are still living together. There is no required separation period before filing for divorce. However you cannot be divorces until the petition for divorce has been on file for 60 days.
Answer Applies to: Texas
Replied: 1/9/2014
    Peyton and Associates | Barbara Peyton
    About one second. You can file even while you are still living together if the two of you are "finished".
    Answer Applies to: California
    Replied: 1/9/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    You don't have be separated to file for divorce. In answer to your question, you can file any time you so desire.
    Answer Applies to: Florida
    Replied: 1/9/2014
    John Russo | John Russo
    Depends on where you live, read the rules of procedure for domestic relations in your jurisdiction. The majority of States that have entered the 20th and 21st centuries have no separation clauses, only residency requirements, but there are a few States that are south of logic that do require this foolish separation clause, I know N.C. does as well as a few others.
    Answer Applies to: Rhode Island
    Replied: 1/9/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You don't have to be physically out of the same house. You can file at any time.
    Answer Applies to: California
    Replied: 1/9/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    In Idaho, you do not have to be separated from your spouse to file for divorce. I don't know about other states.
    Answer Applies to: Idaho
    Replied: 1/9/2014
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    In Florida, there is no required waiting period for separation prior to filing for divorce. Florida does not have a legal separation time period.
    Answer Applies to: Florida
    Replied: 1/9/2014
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