How long do you have to be separated from your spouse before filing for divorce? 35 Answers as of September 02, 2011

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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Patricia C. Van Haren, Attorney at Law
Patricia C. Van Haren, Attorney at Law | 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
The Law Office of Kem Eyo, LLC
The Law Office of Kem Eyo, LLC | Kem Eyo
In Georgia, there is not a minimum separation period.
Answer Applies to: Georgia
Replied: 8/30/2011
Roscich & Roscich
Roscich & Roscich | John Roscich
Separation is not a requirement to file for dissolution of marriage in Illinois. Most couples do not separate until the divorce is final.
Answer Applies to: Illinois
Replied: 8/29/2011
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
    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
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    You don't have to separate to file.
    Answer Applies to: Wisconsin
    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
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    There is no minimum waiting period.
    Answer Applies to: Pennsylvania
    Replied: 8/29/2011
    The Law Office of M. Elizabeth Foley | M. Elizabeth Foley
    Actually you don't have to be separated at all (some couples can't afford to separate and just end up staying together in the same house until they manage to sell it)but you do have to wait 60 days after you file the petition before the judge can actually grant the divorce. You also have to be able to tell the judge that you haven't been "together" in that 60 days (they want to make sure you're not going to turn up pregnant, or not by your husband anyway, the week after the divorce is granted).
    Answer Applies to: Texas
    Replied: 8/29/2011
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