Can We Get Divorced If We Still Live Together?

Can you get divorced if you still live together? In Georgia, the answer is yes, but only as long as certain conditions are met. A Georgia family lawyer can help you efficiently plan for the future you need for your family.

Georgia Couples

One of the spouses doesn’t have to move out for a couple to file for divorce in Georgia. The law is concerned about whether you have ended the marriage in a legal sense, not about whether you share the same address. This setup is, in fact, more common than you might think, especially for couples with tight financial situations, where one spouse needs time to find a new place to live, or where a couple wants to provide an ongoing stable home for their kids until they’re out of the house.

However, to get divorced, you and your spouse must stop living together as husband and wife. That means there can be no sexual relationship, and you can’t hold yourselves out to family, friends, or the general community as a married couple. You’ll need to sleep in separate rooms, and you’ll also have to keep separate finances. As long as that line is clear, you can file and move forward.

What “Separated” Looks Like in Daily Life

Basically, you’ll need to think of yourselves as legally separated even though you’re living in the same home. This means you’ll do things like split the grocery bill, handle your own laundry, and not have any intimate contact. You can’t introduce each other as “my husband” or “my wife” at school events or neighborhood gatherings. The courts will look into the facts of your situation, and if you resume marital relations after filing for divorce, the divorce can be dismissed.

Protecting Your Divorce and Your Family

Even though you still share a roof, treat this situation formally to protect your future:

Talk to a Georgia Family Lawyer

Talk to a lawyer as soon as you can to make sure you’re stepping into the immediate future prepared for the long-term future. Your lawyer can help you move your divorce forward while also keeping your family together in the way you envision. Your lawyer can also help you think through asset distribution for when the time comes that you’re ready to live apart.

Keep Things Organized

Put agreements about bills, chores, and child schedules in place, and keep a calendar of who has the children on which nights as you plan your new, separate lives. Save copies of bank statements and receipts so you can avoid disagreements later about who contributed what and can prove to a divorce court that you’ve been living truly separate lives.

Talk to a Georgia Family Lawyer

If you’re ready for divorce, whether you’re going to live together for a while yet or not, contact us at South Atlanta Family Law in Stockbridge, GA to request a consultation. We’ll bring our over fifty years of combined family-law practice to get you the straightforward answers you need as you move forward.

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