Do you have to live apart to get divorced? 18 Answers as of July 12, 2013

To file for divorce do I have to live in a different residence than my spouse?

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Deal & Hooks, LLC
Deal & Hooks, LLC | Shawn P. Hooks
No you don't have to live in a different residence to file for divorce. That is one possible ground, but there are many other grounds that you have available; including incompatibility.
Answer Applies to: Ohio
Replied: 6/9/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
No. One reported appellate case a few years ago required that, but the Courts and attorneys are not requiring that the parties live in separate residences. Only that there be a communication and manifestation that the marriage is over.
Answer Applies to: California
Replied: 6/8/2011
Berner Law Group, PLLC
Berner Law Group, PLLC | Jack Berner
Not in the state of Washington. If you're a Western Washington resident, feel free to contact my office for a free, no obligation consultation regarding your situation.
Answer Applies to: Washington
Replied: 6/8/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You do not have to separate in order to file. But you do have to separate and "cease living together as husband and wife" before the final hearing. That requirement is tricky, since Texas recognizes common law marriage. Accordingly, while you could technically remain roommates, it does muddy the water and separation is the cleanest way to clear it up.
Answer Applies to: Texas
Replied: 6/8/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
No, it is not necessary. Simply see an attorney and hire him/her to start the divorce action for you. Good luck.
Answer Applies to: New York
Replied: 6/8/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Not only do you not have to live apart, many parties to divorce find that they cannot afford two residences until they sell or otherwise rid themselves of the marital domicile. Please see a local domestic relations attorney for further information.
    Answer Applies to: Ohio
    Replied: 6/7/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    You can still get divorced, even if you and your spouse live in the same residence.
    Answer Applies to: California
    Replied: 6/7/2011
    Doi/Luke, Attorneys at Law, LLLC
    Doi/Luke, Attorneys at Law, LLLC | Gavin K. Doi
    In the State of Hawaii, there is no requirement that spouses have to be physically separated before filing for divorce.
    Answer Applies to: Hawaii
    Replied: 6/7/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    No. There is no such requirement.
    Answer Applies to: Nevada
    Replied: 6/8/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    In Georgia, you do not need to live in separate residences in order to obtain a divorce.
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    No, but failure to physically separate can cloud the issue of date of separation. If you are looking for an attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/7/2011
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