Can I divorce my spouse if we are still living together?

Sally Clark Blog

Yes. Divorce proceedings can be started whilst you remain living with your spouse. However, in these circumstances, you will have to prove that you have maintained separate lives.

It can be easier than you might think to prove to the Court that you and your spouse have maintained separate lives, whilst still living together. To fulfil this requirement, it can include explaining to the Court that you cook and eat separately, you no longer share a bedroom, you do not socialise together, you each do your own household chores, etc.

Please be aware however that there are some restrictions to this if you wish to rely on the fact of either adultery or unreasonable behaviour for your divorce.

You cannot petition on the basis of your spouses’ adultery if you have lived with your spouse for 6 months (or periods totalling 6 months) after the date you found out about the last incident of adultery.

Whilst you can petition on the fact of unreasonable behaviour whilst you remain living with your spouse, the period of cohabitation will be taken into consideration if you have lived with your spouse for 6 months (or periods totalling 6 months) or more.

If you are considering divorce and would like to discuss matters in more detail, we offer a free half an hour appointment. Please telephone 01423 637272 to arrange this.