Helping Children Through Divorce

Helping Children Through Divorce

Can You Live Under the Same Roof and Still Apply for a Divorce?

Roberto Sutton

Unfortunately, many marriages across Australia end in divorce, which can often be due to a variety of factors. Sometimes, it will involve a gradual deterioration, but without any animosity and in this case, both parties may simply decide that their long-term future is untenable. In this case, they may choose to file for a divorce but continue to live under the same roof as this may be the best option in the circumstances. However, does this make the situation a lot more difficult when proving that they qualify for a divorce?

Being Practical

In a situation like this, so many factors may need to be taken into account. For example, they may have children and want to move forward as positively as possible with the least disruption for the kids. In this case, it may well be best for them to live under the same roof so that they are always in touch with the children at any time of day.

Separating Finances

Finances can also come into the picture. Here, it may simply be more practical from a monetary point of view to share in the household running costs. In this case, they may want to separate the bank accounts and contribute independently to those costs in the best way possible.

When they take this approach to shared finances, it will help them provide evidence to support an application for divorce. The fact that they live together under one roof and are applying for dissolution does not, in itself, make any difference. In fact, it is quite commonplace these days, and the authorities will look at the entire picture when coming to their decision.

Providing Evidence

If you find yourself in this position, gather some evidence to back up your stance. Show that you may have closed down any joint accounts that you had before and now have separate bank accounts. Prove that you have split the relevant invoices (mortgage, rent, utilities, etc.) and that you are both independently paying your way. You don't need to split this 50/50, of course, as it will depend on your individual circumstances.

Socially Distant

You can also show evidence of social distance. In other words, if you are invited to any social events, such an invitation should arrive independently and not be addressed to you "as a couple." Sometimes, you can provide an affidavit from a friend to help you underline the situation.

The Best Approach

If you decide to continue living under the same roof but want to apply for divorce, come up with some evidence to back up the position. You can still pursue your own lives independently and practically and achieve your goal, but if you need any advice, talk to a family lawyer first.


2021© Helping Children Through Divorce
About Me
Helping Children Through Divorce

Divorce is never an easy time for an adult, but it is doubly confusing to a child. Unfortunately, my marriage did not last forever, but I am turning that negative into a positive for others. I want to fill my blog with uplifting tips to help children through this difficult change in their lives. I will include topics such as custodial visits, getting along with both parents, and learning how to live in two households. Divorce does not have to be a negative, scary issue for your children. Teach them how to embrace this change and get on with their lives without fear or anxiety.