When two people want to apply for a divorce, the legal system requires them to be separated for a certain period before they can apply. However, the definition of "separation" is rather unusual as this does not mean that they must be physically separated at all times. In fact, they can apply for a divorce even if they are still living under the same roof. What do you need to know about this approach if you find yourself in this situation and are exploring options?

Understanding the Reasons

There are many reasons why two people should decide to live in the same location even though they are no longer together.

Dealing with Finances

One or both may find it hard to get their own place, bearing in mind how much more it is likely to cost them and their relevant personal income. While they may eventually be able to make such arrangements, it can often be very hard to do so initially. This is why many separated couples choose to live together for the time being, until they can strike out on their own.

Protecting the Children

Sometimes, children are involved, and it's much better to maintain a sense of stability to make it easier for the kids to cope with this unfortunate event. During a divorce, they still need to convince a family law court that they will make adequate provisions for the children, who will need to spend time with each parent wherever they may be. But again, in the meantime, it's often easier to keep everything together under one roof while arrangements are put in place.

Applying for Divorce

A court will fully understand if you are both living in the same place while you apply for a divorce. However, they will need to see certain elements of proof to convince them that the relationship had broken down irretrievably and divorce is the best option.

Showing Separation

So, in this case, it's best if you take steps to separate your finances. If you already had a joint bank account, you should close this and provide evidence to show that you've done so. Maintain your own bank accounts instead. It is also best to show a change to sleeping arrangements. If you have a spare room, move in there instead.

Providing Additional Proof 

When you go out to socialise, try to do this individually rather than as a couple. Certainly, this can be hard to achieve if you have joint friends you met during your relationship, but in any case, you need to show that those friends and family members are fully informed about your separation.

Getting Support

The more information you can provide to illustrate that you are effectively separated, although still living under one roof, the better. If you are unsure or need some additional advice, get in touch with a family lawyer for their support.