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Texas is a community property state, and living apart does not make property you acquire separate property.
An agreement leaves no doubt about the details of the ending of your marriage relationship.
It is better to have a clearly written agreement, rather than rely on verbal understandings.
Appropriate grounds for divorce in Texas are: 1) cruelty; 2) adultery; 3) conviction of a felony (imprisoned for at least 1 year without a pardon); 4) abandonment (for at least 1 year); 5) living apart (without cohabitation for 3 years); and/or 6) confinement in a mental hospital (for at least 3 years).
One of the parties to the marriage must have been a resident of the state for six months and a resident of the county in which the petition is filed for 90 days preceding the filing.
Is mediation required before you can get a Texas divorce? Find the answers to your Texas divorce questions here. If you file for a divorce, you can ask the court for orders that deal with things like use of property—e.g.