In order to file for divorce do we have to be physically living apart, in separate residences?

02/02/2007 - Divorce - State: TX #422

Full Question:

In order to file for divorce do the parties have to be physically living apart, in separate residences?

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.

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02/02/2007 - Category: Divorce - State: TX #422

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