People remain under the same roof for various reasons after separation. The reasons can be financial such as waiting for a home to sell or the inability to afford separate households.
Can I file for divorce if we still live together?
Yes, you can get a divorce if you are under the same roof or have lived together for a portion of the 12 month period after separation.
How do I get a divorce while we still live together?
You will go through the normal process to divorce; however, you will need to file supporting affidavits in your divorce application that satisfy the court that you are living separate lives, the affidavit should address:
- change in sleeping arrangements
- reduction in shared activities or family outings
- a decline in performing household duties for each other
- division of finances; for example, separate bank accounts, and
- any other matters that show the marriage has broken down; for instance, if you have notified family and friends of your separation.
How do you apply for a divorce under the same roof if the other party won’t write the affidavit or sign the divorce paper?
You can obtain a divorce if a friend or adult family member corroborates that you have been separated for at least one year.
What evidence do you need to provide to prove that you have separated?
You would be required to provide evidence that you and your former spouse have separated.
Examples of this include ceasing sexual activity, living in separate rooms, having separate financial banking accounts, and expenses, being open about your split to friends, family and even neighbours.
What if we only live together for part of the time?
You will still be required to submit documents proving your separation under the same roof for part of the time.