How long do I have to be separated before I can file for divorce in the US?
Waiting periods vary dramatically by state: no waiting period (TX, WY, AK, others); 60 days (TX after filing); 90 days (AK); 6 months (CA, WI, others); 1 year (NC, VA, MD, others). Some states require separation before filing; others only require it for no-fault grounds. Check your state's specific requirements.
What are the property claim deadlines in a US divorce?
Most states have a statute of limitations for marital property claims, typically 2–6 years from the date of divorce or separation. Missing this deadline can bar your claim permanently. States vary on whether the clock starts at separation or at the date of final divorce. Consult a family law attorney as soon as possible if a deadline is approaching.
Does date of separation affect property division in the US?
Yes. In most states, the marital estate is valued and cut off at either the date of separation or the date of filing. Assets acquired after that date may be separate property. Income earned after separation may still be partly marital in some states. The date of separation can significantly affect what's included in the marital estate.