Do You Have to Be Separated Before Divorce in Texas?

Posted Jun 26, 2025 by Mary E. Ramos | Divorce

You didn’t get married thinking about courtrooms and custody orders. But here you are, Googling Texas divorce laws at 2:00 a.m., wondering what hoops the state wants you to jump through before you can walk away for good.

So let’s get to the point. Do you have to be separated before divorce in Texas? No. Texas does not require physical separation before filing for divorce. You can still live in the same home, even in the same bedroom, and move forward with your case. But that doesn’t mean the process is simple. And it doesn’t mean the court won’t care about how and when you split.

At Ramos Law Group, PLLC, we understand how fragile this moment is. When you’re questioning everything, you need answers from someone who knows how Texas courts work. During your consultation, our divorce attorney will give you a personalized action plan so you can move forward with clarity, not fear.

Straight Talk: Do You Have to Be Separated Before Divorce in Texas?

You’ve probably heard that some states make couples live apart for months, sometimes even years, before they can get divorced. That’s not the case in Texas. The state does not require legal or physical separation before you can file for a divorce. In fact, Texas doesn’t even formally recognize “legal separation.” You’re either married or you’re not. There’s no middle status.

So, Why Do People Ask, “How Long Do You Have to Be Separated Before Divorce in Texas?”

The confusion makes sense. Other states do have separation rules, and emotionally, separation often feels like the first real step toward divorce. However, in Texas, people frequently want to know how long their separation must last before divorce because they confuse the idea with the waiting period.

Texas law requires a 60-day waiting period from the date you file for divorce to finalize it. That applies even if both spouses agree to the divorce and resolve all terms. The court may waive this period if there is any conviction or deferred adjudication for family violence involving the petitioner or their child. Outside of those exceptions, the 60-day clock is mandatory. But again, it’s a cooling-off period for the divorce, not a requirement to live apart.

Do You Have to Be Legally Separated Before Divorce?

In many parts of the country, “legal separation” is a separate legal action from divorce. It involves court orders for property division, child custody, and spousal support, but it doesn’t formally dissolve the marriage.

However, Texas law does not recognize legal separation as a status. There’s no court order to file to become legally separated. If you want to divide assets, manage custody, or ask for support without getting divorced, you’d need to explore other options, like:

• Temporary orders. These can be requested after you file for divorce to protect both spouses (and children) while the divorce is pending.
• Protective orders. If safety is a concern, a court can issue these even before you file for divorce.
• Partition and exchange agreements. These allow spouses to agree in writing about who owns what property, even while still married.

Again, these are not legal separations in the traditional sense. They’re legal tools used within or alongside a divorce, not instead of one.

Why the Courts Still Care About When You Separated

Even though you do not have to be separated before divorce, the moment of separation can still matter, especially when dividing property. Texas is a community property state, which means most property acquired during the marriage belongs to both spouses equally. But if one spouse says, “We separated in March, and I bought that car in April,” the court may still consider that car part of the marital estate unless you can show that the marriage was effectively over and separate property rules apply. This is especially true when there are disputes over:

• Business earnings,
• Home equity,
• Retirement account growth, and
• Large purchases near the end of the marriage.

In other words, while the line between “together” and “separated” may feel blurry, it matters financially.

How a Divorce Lawyer Can Help Even If You’re Still Living Together

Maybe you haven’t moved out. Maybe you can’t for financial reasons, kids, or sheer logistics. That’s normal. But that doesn’t mean you’re stuck. At Ramos Law Group, PLLC, we help people begin the divorce process from where they are right now. You don’t have to wait until the house is quiet or your bags are packed.

We can help you:

• File for divorce while still sharing a home,
• Protect your privacy if you’re a public figure or business leader,
• Request temporary custody or support orders early in the process.
• Strategize around high-value property or contentious financial issues.
• Create an action plan that reflects your unique needs.

There’s no legal requirement to live apart. No formal separation status. No hidden rule about sleeping on the couch before you file. But if you’re trying to figure out if you need to be separated before divorce, what you really want is permission to act, to move forward without guilt or legal missteps.

That’s what we’re here for.

Take the First Step with Confidence

At Ramos Law Group, PLLC, we protect what matters most: your children, future, and peace of mind. Our founder, Mary E. Ramos, is one of the few attorneys in Texas who is Board Certified in Family Law, a distinction that reflects her expertise in even the most high-conflict or high-asset cases.

We’ve represented prominent professionals, business leaders, and everyday Texans with the same unwavering commitment: protect what matters, preserve your dignity, and resolve your case efficiently, without dragging you through unnecessary conflict or inflated legal fees.

Our reputation speaks for itself:

• AVVO 10 rating,
• A+ rating from the BBB,
• Named Best Divorce Lawyers in Houston by Expertise.com, and
• Recognized by Super Lawyers.

Schedule your confidential consultation today. Get clarity. Get control. Take the first step forward with a Board-Certified family law team that puts you first.

Last Updated on June 26, 2025 by Mary E. Ramos