Is there any law requiring a couple to live together 6 months after filing for divorce? 22 Answers as of June 10, 2013Trying to help a friend who heard that she must continue to live in the same house with her husband for 6 months after filing for divorce but being emotionally abused by him daily. Is this true?
Reeves Law Firm, P.C. | Roy L. Reeves
There is no such law in Texas. If she heard that, it either is the rule in another state, or the person is just jerking her chain. In Texas, we do not have legal separation either, you are married, you are single, or going through a divorce, there is no other option. The minimum amount of time for a divorce is 60 days (from the time of filing) but that is to allow a cooling off, preparation of documents, etc. It has nothing to do with separation. In fact, most parties separate before filing or soon thereafter.
Answer Applies to: Texas
Michael Anthony Wing, P.C. | Michael Anthony Wing
No. However, there is a "status quo" order requiring the status quo to be maintained during the pendency of divorce. However, if abuse is occurring, that would justify getting out of the premises. Stay well.
Answer Applies to: Alabama
Harris Law Firm | Jennifer C. Robins
In Oregon, there is no law requiring a couple to live together for six months prior to filing for dissolution, however; there is a residency requirement of six months in order to determine in which jurisdiction the case should be filed.
Answer Applies to: Oregon
Fox Law Firm LLC | Tina Fox
The law says for irreconcilable differences you must be separated 2 years, unless you sign a waiver saying you have been separated 6 months. There is no law saying you have to live together. Have your friend contact an attorney immediately. We offer free consultations at our office if she would like to set up an appointment with us.
Answer Applies to: Illinois
Raheen Law Group, P.C. | Wali Raheen
In Virginia, there is no such requirement - in fact that might defeat the purpose of divorce. In Virginia, one can file for divorce only on certain grounds, one of which is separation for 6 months or 12 months if a child is involved. So before one can file for divorce, the couple must have been separated for either 6 or 12 months. Once the divorce is filed, which assumes that the couple has been separated for the required time, there is no requirement to live together.
Answer Applies to: Virginia
Beaulier Law Office | Maury Beaulier
There is no such requirement. In some states, usually East Coast states, a separation period is required before divorce. In other states, such as Wisconsin, there is a waiting period of 4 months before a divorce can be finalized and the parties are precluded from remarrying for one year after the divorce. Minnesota has no such time periods.
Answer Applies to: Minnesota
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
No, that is absolutely not true. Before your friend moves out, she needs to talk to a divorce lawyer. Before she does anything, she should talk to a divorce lawyer. Tell her to give me a call, make an appointment to come see me, and let's get moving on this for her. No charge for the telephone call and no charge for the first office visit.
Answer Applies to: New Jersey
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
The answer is NO. If she is unhappy with her husband, she should separate from him as soon as possible. Your friend either misunderstood her information source, or her information source was badly misinformed. The six-month period in divorces is the minimum length of time after service of process in the divorce case before the Court can dissolve the marital status. Your friend doesn't have to live in misery during that six-month period. She should separate from her abuser without delay.
Answer Applies to: California
Berner Law Group, PLLC | Jack Berner
In the state of Washington, no. However, residing in the marital residence can have certain distinct advantages during a divorce proceeding. If your friend lives in Western Washington, please invite her to call my office to set up a free, no obligation consultation-in person or by phone-with an experienced divorce attorney about her case.
Answer Applies to: Washington