How long do you have to be separated from your spouse before filing for divorce? 36 Answers as of June 11, 2013

How long do you have to be separated from your spouse if you have no children before filing a divorce? I want a divorce and I have no children with my spouse.

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Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
You may file divorce immediately upon separating. There is no waiting time.
Answer Applies to: California
Replied: 9/2/2011
Vermeulen Law office P.A.
Vermeulen Law office P.A. | Jacob T. Erickson
In Minnesota, you simply have to have been a resident of the State for the 180 days immediately preceding your petition for divorce. Otherwise, you do not have to separated for any special period of time. Some people file for divorce while they are still living in the same home.
Answer Applies to: Minnesota
Replied: 8/31/2011
Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
In Georgia, there is no time limit for being separated before filing for a divorce. You just have to be living in a bona fide state of separation at the time of filing.
Answer Applies to: Georgia
Replied: 8/30/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
There is no separation statute in Texas. You can file the day you separate and many people file even before they separate.
Answer Applies to: Texas
Replied: 8/30/2011
Law Office of Daniel B. Rubanowitz, APC
Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
In short, there are no separation time requirements required in order to file for divorce in California. However, there are jurisdictional and venue requirements that you should be familiar with before filing a Petition for Dissolution of Marriage. You should consult with a Family Law Attorney if you have questions.
Answer Applies to: California
Replied: 8/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There is no requirement for the parties to be separated before commencing or concluding a divorce in the State of Minnesota.
    Answer Applies to: Minnesota
    Replied: 8/29/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    In California, there is no minimum time that parties must be separated before a dissolution petition is filed. All that is reuired is that one or both of you has formed the intent to permanently separate.
    Answer Applies to: California
    Replied: 8/29/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    It depends on what grounds for divorce you are seeking. There are no minimum time limits for certain grounds. Call today to set up a free consultations to discuss your options and the different grounds for divorce.
    Answer Applies to: Illinois
    Replied: 8/29/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    There is no waiting period to file for divorce. The 120-day waiting period is AFTER the divorce is filed before it can become final.
    Answer Applies to: Wisconsin
    Replied: 8/29/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You do not need to be separated at all. You just need irreconcilable differences that last for six months or more.
    Answer Applies to: New Jersey
    Replied: 8/29/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    There are not time requirements in Michigan.
    Answer Applies to: Michigan
    Replied: 8/29/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    There is no legal separation time period required in Florida. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options.
    Answer Applies to: Florida
    Replied: 8/29/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Florida does not have a separation requirement. You can still be living with the other party and still be able to file a Petition for Dissolution of Marriage.
    Answer Applies to: Florida
    Replied: 8/29/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    No time limit.
    Answer Applies to: Connecticut
    Replied: 6/11/2013
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    In Washington, you don't have to wait at all. There is no requirement of a period of separation before filing. Some other states do have waiting periods, but Washington does not.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Generally, the simple answer is that, in Georgia, there is no waiting period, provided you meet the residency requirement. See a lawyer about all your rights. Good luck.
    Answer Applies to: Georgia
    Replied: 8/29/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    There is no separation time period required in Alabama.
    Answer Applies to: Alabama
    Replied: 8/29/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    Under Florida law there is no specific time of separation required. You can file at anytime!
    Answer Applies to: Florida
    Replied: 8/29/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Nevada has no waiting periods.
    Answer Applies to: Nevada
    Replied: 8/29/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You don't have to be separated from your husband to file for divorce in Washington.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    There is no "separation" requirement to file for divorce. You can file a divorce petition at your local county court any time you are ready to proceed with the divorce process.
    Answer Applies to: California
    Replied: 8/29/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    There is no time limit that one must be separated before filing for divorce. If you have been separated less then 18 months you will need to allege grounds such as "General Indignities" plus you must be able to prove you have been a resident of Arkansas and the county in which you file for at least 60 days.
    Answer Applies to: Arkansas
    Replied: 8/29/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    There is no time requirement in Colorado.
    Answer Applies to: Colorado
    Replied: 8/29/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You do not have to be separated in the sense of living in different households. If your marriage is irretrievably broken, you can file at any time even if you are still living in the same house.
    Answer Applies to: California
    Replied: 8/29/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    In Georgia there's no required period of separation. As long as you cease the relationship of husband and wife, don't have sexual relations and don't share a bed, you can file anytime after that.
    Answer Applies to: Georgia
    Replied: 8/29/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    Technically, you do not need to be separated at all to file.
    Answer Applies to: Washington
    Replied: 8/29/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    There is no separation requirement in Florida.
    Answer Applies to: Florida
    Replied: 8/29/2011
    Law Offices of Bradley Hochberg | Bradley Drew Hochberg
    you can file immediately as long as you have been residing in california for at least six months before filing the divorce case.
    Answer Applies to: California
    Replied: 8/29/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    You are not required to be separated for any period of time before filing for divorce in AZ (unless you have a special type of marriage called a "covenant marriage" - generally speaking, if you don't know whether or not you have this special statutory designation, then you don't have it).
    Answer Applies to: Arizona
    Replied: 8/29/2011
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