Separation Under the One Roof – Getting Divorce While Living Together
Being separated for the purposes of applying for a divorce does not mean that you have to physically live in a separate residence to your partner.
It is common for married couples to remain living under one roof despite being separated and seeking divorce (sometimes called cohabitation). This may be because they have family and parental responsibilities they need to fulfill, cultural or religious reasons or due to financial constraints.
If you file the application for divorce jointly and you are living under the one roof, then you will both need to file an affidavit with the application describing the living situation. If you are the sole applicant, then you also need to file an affidavit with that information.
The online application will also request that a third party, such as a friend or a relative, confirm the living arrangement. This is not necessary to the application and eventual granting of a divorce order, but it is common practice in divorce proceedings (Pavey 1976).
Here are some case examples in which cohabitation was considered for the application for divorce: