In the state of Texas how long do you have to be separated before you can file for divorce and can you live in the same house and be separated?
Thank you for using Just Answer. If you require clarification, please feel free to post a follow up question. Unlike other states, where you may be required to be legally separated from your spouse for a specified length of time before filing divorce, Texas does not recognize any sort of legal separation. Therefore, there is no need to file any paperwork with Texas courts to notify them of the fact that you have separated from your spouse.
If you and your husband live in the same house but do not sleep together is that being separated?
It is not relevant if you are living together or not. So long as you meet residency requirements it does not matter if you are separated to get divorced in Texas.
Does spousal support have anything to do with when you last slept together?
No, when you last slept together is not relevant.In determining the nature, amount, duration, and manner of periodic payments, the court shall consider all relevant factors, including:(1) the financial resources of the spouse seeking maintenance, including the community and separate property and liabilities apportioned to that spouse in the dissolution proceeding, and that spouse’s ability to meet the spouse’s needs independently;(2) the education and job skills of the spouses;(3) the length of the marriage;(4) the age, employment history, earning ability, and health condition of the spouse seeking maintenance;(5) the ability of the spouse from whom maintenance is requested to meet that spouse’s personal needs;(6) the dissipation of any marital assets;(7) the financial resources of the spouses;(8) the contribution by one spouse to the education or earning capacity of the other;(9) any pre-marital property;(10) the contribution of a spouse as homemaker;(11) Any marital misconduct of the spouse seeking maintenance; and(12) the efforts of the spouse seeking maintenance to pursue available employment counseling as provided by Chapter 304, Labor Code. (Texas Code - Family Code - Chapters: 8.001-8.055)You can also read more about Texas spousal support in the Texas state statutes located at: http://www.capitol.state.tx.us/.
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