We want to get divorced, but neither of us want to leave the family home. Can we start the divorce whilst still living together?

The short answer to this question is yes. It is possible to get divorced whilst still living under the same roof as long as you are genuinely living separate lives. You would be expected to have separate bedrooms, eat separately, socialise separately etc. You would not normally be expected to be doing lots of household chores for the other person. 

If you have children and are still doing certain things together to create a united front for the benefit of the children then this shouldn’t impact on the divorce

This response assumes that the parties are living together out of financial necessity.  f you are the victim of domestic violence or if living together is impacting negatively upon your health and wellbeing/and or that of your children then you should seek advice regarding the possibility of injunction proceedings which would mean that the court would be asked to decide who should occupy the family home pending the divorce. 

George Green’s Specialist Family and Divorce lawyers give advice regularly on divorce and the financial aspects of divorce. If you wish to discuss your matter please Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk) at our Cradley Heath office. We represent clients from the West Midlands and beyond including Dudley, Stourbridge, Cradley Heath and Wolverhampton.