Full question:
In order to file for divorce do the parties have to be physically living apart, in separate residences?
- Category: Divorce
- Date:
- State: Texas
Answer:
On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. There are also fault grounds for divorce. These are grounds for which one of the parties is at fault for the divorce proceeding. The fault grounds are as follows:
a. Cruelty
b. Adultery
c. Conviction of felony (at least 1 year in prison)
d. Abandonment
e. Living apart (for at least 3 years)
f. Confinement in mental hospital (for at least 3 years)
We know of no requirement of living apart if one of the other grounds are present.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
