A divorce can be complex, and if you're still living together after deciding to separate, things can get even more tricky. Many people want to know if they can still get a divorce while under the same roof, which may cause some further anxiety. However, there are some general legal presumptions that can apply in any situation. What are these, and what should you know?
Most jurisdictions will allow you to live under the same roof but still apply for divorce. The legal system understands that finding alternative accommodation may often be difficult, and costs may sometimes come into the picture.
Secondly, whether you still live together or not, a divorce requires grounds or reasons that support your request. In most situations, a "no-fault" divorce is allowed, and you don't have to prove that one of you is at fault. So, that takes away a level of complexity.
Third, divorce and separation require the division of assets and debts. Even if you're still living together, you would have to distribute your assets and debt. Dealing with assets and debt can be stressful, especially if you're still living with your spouse. Nevertheless, you should take steps to get your affairs in order and separate your financial affairs.
Next, ensure that you inform all your families and friends about the situation and make it clear that you are separated, if not yet divorced. It may be helpful to bring some of these people forward as a witness if any complications do arise but go through this process anyway, just in case.
It's best if you don't attend any social functions together. Instead, develop your own social life and be careful not to post anything on social media sites that could suggest you're still together. The fewer questions you raise, the better, if you want this process to be as seamless as possible.
Even if you live together after separation, it doesn't mean that you cannot file for a divorce. You'll have to ensure that your living conditions don't affect the divorce process and that both parties prepare to approach the process cordially. If you still live together after separation, consult an experienced family lawyer who can help guide you through all the complexities when you file for a divorce. By doing things the right way, you'll be in the best possible position to obtain a favourable outcome in your case.
Reach out to a law firm like Peter J Griffin & Co to learn more.