Can I Get A Divorce While Still Living Together?
Divorce while living together is possible. Seek Cudmore Legal's trusted advice on how to start the divorce process.
Can I file if we still live together?
Yes — you can get a divorce even if you're still living under the same roof, or lived together for part of the 12-month separation period, provided you can demonstrate you're living separate lives: separate sleeping arrangements, a lack of shared activities, minimal financial interdependence, and ceased sexual activity.
Starting proceedings
File supporting affidavits addressing changed sleeping arrangements, reduced shared family activities, a decline in doing household duties for one another, division of finances, and any other evidence the marriage has broken down.
If your spouse won't cooperate
You can still obtain a divorce, using an affidavit from a third party — a friend or family member — confirming your year of separation. Required evidence includes documentation of separate bedrooms, separate bank accounts and financial records, and testimony about the separation.
Frequently asked questions
How long must we be separated?
At least 12 months before you can file for divorce.
Can I apply without my spouse's cooperation?
Yes — as a sole application, without their consent or cooperation.