It is possible to achieve a financial settlement and divorce order even if you are living under the one roof.
Separated under one roof divorce.
Separation under one roof is when a husband and wife separate but continue to live in the same home.
To prove you re genuinely separated you ll need to give the court some extra information.
This person will most likely be a family member or friend.
It may be for a few days weeks months or years following separation.
A divorce application can be made after 12 months of separation.
Despite residing under the same roof you and your ex will need to stick with the terms of the divorce settlement agreement which may include separate visitation times child support payments and spousal support.
One written by another person who has seen or heard about you and your spouse being separated under the same roof.
Being separated under one roof.
It is not a pre requisite to be divorced for you to file property or parenting proceedings or to reach an agreement in relation to property or parenting matters.
You ll need to prove you ve been separated under one roof if you ve lived in the same home as your spouse for part or all of the 12 months immediately before applying for a divorce.
The couple wants to remain under one roof for the sake of the kids until the divorce is final or the house is sold.
A divorce order is an entirely separate process to property and parenting matters.
One written by you.
You must serve both affidavits on your spouse with your divorce documents.
The couple can t yet afford to rent a separate apartment or house.
Establishing that you are separated is important if you want to apply for divorce.
12 months and each party is aware that the relationship has ended the court will normally accept this as evidence of separation and grant a divorce.
In the current economic climate it has become increasingly common for parties to separate under the one roof.
If you and your spouse lived in the same home during part or all of the required 12 months separation period you need to provide extra information to the court.
If you continue living together after the divorce decree you may need to revise the agreement to reflect any financial changes.
Considering a small apartment in los angles can easily run upward of 2 000 a month this is understandable.