Can You Get Divorced While Living Together?
Yes, California couples can still file for and pursue a divorce if they are still living together. Cohabitation does not prevent you from divorcing but it can complicate your case.
How Cohabitation Can Affect Your Divorce
Many couples opt to live together to save money during the divorce. However, as we mentioned, living together can affect your case. Specifically, you may have any of the following issues:
- Date of separation. If you and your spouse are still living together, you may disagree on your official date of separation, which is the date that there was a complete and final break of your marital relationship. This day can impact your case, specifically the property division and spousal support determinations. The date may be the day you start sleeping in separate rooms or share you were divorcing with one another and/or friends. Sometimes, spouses disagree on the date of separation, which will require you to provide proof to the court to establish the date.
- Impact on children. If you and your spouse continue to live together, your children (especially depending on their age) may struggle to fully grasp that you are divorcing. The children can also struggle if you and your partner have a contentious relationship with one another. Arguing with one another or even ignoring each other can impact your child’s emotional health and/or their relationship with either parent. During your divorce, you will also need to decide who gets the family home, which can impact child custody if the other party does not have definitive housing plans.
- Financial adjustment issues. Getting divorced can have an impact on your financial health and future. It may be hard to adjust to cover rent or a mortgage and other housing expenses, especially in this current market.
- Potential conflict with partners. Even if you are involved in an amicable divorce, it may be hard to live together and handle the emotional impact of the divorce while living together. While living together, you may struggle with tension or conflict because of the emotional toll the process takes.
- Other relational complications. Cohabitation with your soon-to-be ex can also lead to other relational difficulties. Once the divorce is final and one party is ready to move out, you may struggle with your willingness to separate as living together may not help you reduce dependency or your move toward physical separation.
It is also important to note that living with your parent while divorcing can be unsafe or untenable in certain circumstances, such as in cases involving:
- Sexual assault or abuse
- Instances of domestic violence
- Child abuse or endangerment
- Substance abuse issues
Discuss Your Case with Our Attorneys
The Neshanian Law Firm, Inc is known for providing compassionate and aggressive legal counsel to our clients, and our attorneys can work tirelessly to help you protect your interests in your divorce. Once you retain our services, we can help you address the complications that may arise because of continued cohabitation. We can also discuss any concerns you have about remaining in the same home after the divorce (if you plan to live together).
Learn more about our divorce services by scheduling a case consultation online or via phone (949) 577-7935.