Is It Possible for Two People to Divorce Even If They Live in the Same Home?
Posted on: 22 February 2023
The divorce process can be a confusing and complex one, especially if you are trying to navigate it on your own. One of the questions that many couples have is whether or not they can still get a divorce if they are living under the same roof. The answer is yes, but you should know some important details first.
Understand the Circumstances
In Australia, it is possible for two people to divorce even if they still live together. However, there are certain circumstances that must apply in order for this to happen.
First and foremost, both parties must agree that their marriage has come to an end and that there is no chance of reconciliation. Secondly, the couple must prove that they have been separated for a while prior to filing for divorce. This means living apart from each other and not engaging in any form of sexual activity. It is also important to note that if the couple has children under 18 years old, then a court may require proof that arrangements have been made for their care before a divorce is granted.
Additional Points to Consider
Furthermore, it is important to understand the ramifications of getting a divorce while still living under the same roof. This may include issues related to property division, parental rights, and financial obligations such as spousal or child support payments. Additionally, couples should consider how their living arrangement will affect any potential custody arrangements or visitation rights. This could be particularly important if one spouse wishes to move out but cannot due to financial constraints or other circumstances beyond his or her control.
Gather Evidence
A court will ask you to prove that you are going your separate ways. A judge may ask to see individual bank accounts to show the separation of assets. They may also refer to social media to see how you portray yourselves on these platforms. Make sure that your friends are fully aware of the circumstances, so they can provide additional evidence to support your claim if needed.
The Best Approach
As you can see, it is possible to get a divorce in Australia, even if you live under the same roof. Just make sure you document everything, so there is no confusion at any time. And it's always best to work with an experienced lawyer who will guide you through the challenging process and help you avoid any obstacles.
For more info, contact a local family lawyer.
Share