Can we get divorced while still living together in the same household?
State law may require you live separately before a divorce
In earlier days or what we can say traditionally, whenever a couple decides to end their marriage, one of the first steps is for one or both spouses to find a new place to live and start living separately. However, there are reasons why a couple may continue to live under the same roof even after deciding to get divorce. Among other things, setting up another residence requires more money despite the household income probably remaining the same, and it also allows children to remain in their home while they adjust to their parents’ divorce.
How long do you need to live in a state before filing there? If you and your spouse want to continue cohabitating while your divorce is pending, you must make sure that is allowed in your state. In most states, divorcing couples are allowed to live together. In those states, if a separation date is required for the paperwork, you use the date that one or both of you decided to end the marriage. However, 11 states either don’t allow divorcing couples to live together at all or, at a minimum, set limitations on how the parties may cohabitate during divorce. We have tried to make a representation down below for your better understanding.
| State | Living Together While Getting Divorced |
|---|---|
| Alabama | No. Your divorce Complaint must state the date that you and your spouse stopped living together. |
| Alaska | Yes, you can live together. |
| Arizona | Yes, you can live together. |
| Arizona | Yes, you can live together. |
| Arkansas | No. For a no-fault divorce, the spouses must live at separate households and not have sexual relations for 18 months to get divorced. |
| California | Yes, you can live together. |
| Colorado | Yes, you can live together. |
| Connecticut | Yes, you can live together. |
| Delaware | Yes, as long as you sleep in separate bedrooms and have stopped having sexual relations with each other. |
| District of Columbia | Yes, you can live together. |
| Florida | Yes, you can live together. |
| Georgia | Yes, as long as you no longer have sex and are no longer a couple. |
| Hawaii | Yes, you can live together. |
| Idaho | Yes, you can live together. |
| Illinois | No. You must live separate and apart for a minimum of six months before the divorce can be finalized. The separation period can begin before the divorce is filed and attempts to reconcile by cohabitating will not stop the six-month separation period from running. |
| Indiana | Yes, you can live together. |
| Iowa | Yes, you can live together. |
| Kansas | Yes, you can live together. |
| Kentucky | Yes, as long as you sleep in different beds and do not have sex for 60 days before the divorce is finalized. |
| Louisiana | No. Spouses cannot live together. For Article 102 divorce, the spouses must live at separate residences for 180 days (365 days w/children) after the non-filing spouse signs the Waiver of Service. For Article 103 divorce, the 180 day (365-day w/children) separation requirement must be met before you file for divorce. |
| Maine | Yes, you can live together. |
| Maryland | It depends on the grounds. The no-fault grounds of voluntary separation and the fault grounds of desertion, constructive desertion, and conviction of a felony, require spouses to live at different households without having sexual relations for 365 days. The grounds of adultery and cruelty of treatment or excessively vicious conduct do not have a minimum separation requirement. |
| Massachusetts | Yes, you can live together. |
| Michigan | Yes, you can live together. |
| Minnesota | Yes, you can live together. |
| Mississippi | Yes, you can live together. |
| Missouri | Yes, you can live together. |
| Montana | Yes, you can live together. |
| Nebraska | Yes, you can live together. |
| Nevada | Yes, you can live together. |
| New Hampshire | Not updated |
| New Jersey | Yes, you can live together. |
| New Mexico | Yes, you can live together. |
| New York | Yes, you can live together. |
| North Carolina | Yes, you can live together. |
| North Dakota | Yes, you can live together. |
| Ohio | Generally, no. Many counties will not grant a dissolution/divorce unless the spouses have been living at different addresses since the file date. In other counties, you must live at different addresses for at least 30 days before the divorce hearing. |
| Oklahoma | Yes, you can live together. |
| Oregon | Yes, you can live together. |
| Pennsylvania | Yes, you can live together. |
| Rhode Island | Yes, you can live together. |
| South Carolina | No. You must live separate and apart without sexual relations for a period of one (1) year before filing for divorce. |
| South Dakota | Yes, you can live together. |
| Tennessee | Yes, you can live together. |
| Texas | Yes, you can live together. |
| Utah | Yes, you can live together. |
| Vermont | Yes, but you must sleep in separate beds and live as though the marriage is over for at least 180 days before the divorce can be finalized. |
| Virginia | No. You must live separate and apart for 180 days/365 days if you have minor children together before the divorce can be finalized. You can file for divorce before you have met the separation requirement. |
| Washington | Yes, you can live together. |
| West Virginia | Yes, you can live together. |
| Wisconsin | Yes, you can live together. |
| Wyoming | Yes, you can live together. |
By, admin