If You Still Live Together after Separation, Can You Get a Divorce?

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?

General Rule

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.

No-Fault Required

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.

Dividing Assets

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.

Telling Others

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.

Public Behaviour

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.

The Takeaway

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.

About Me

Defending my clients at all costs

When I sign on to defend a client, I have to find ways to poke holes in the prosecution's case no matter how air tight it seems. There are always technical and procedural issues to be enforced and work to be done to make sure my client's story is as strong and believable as possible. People who are not familiar with the justice system are often intimidated by the legal processes, so I help them to adjust quickly so that they can manage the stressful situations. This blog is for first time defendants wondering what exactly their lawyers do to manage the defense process behind the scenes.