This means, first and foremost, that you cannot share a bed or room, nor can you act like a couple inside or outside the home. The easiest way to stop cohabitating as a married couple is for one spouse to move out, but that’s not always practical or financially possible, particularly if you have children together.įortunately, you can still be legally separated from your husband or wife while you’re under the same roof, but you must live and treat each other as platonic roommates. The “cohabitation” requirement can be a little trickier if you still live in a shared residence – which many couples do at the time one or both of them decide the marriage is over. However, a divorce court will not recognize the official start of your separation until you clearly communicate your desire to end the marriage to your spouse (more on that below). This decision may be made separately or mutually, and your husband or wife does not have to share your intention. The first of the two main criteria for separation is simple: You and/or your spouse must believe the marriage is over and decide that you will seek a divorce. Here, a married couple is considered “legally” separated if one or both members intend to end the marriage, and cease to cohabitate as a married couple. In some states, couples can file paperwork to officially claim the status of “legal separation,” in which they live apart and fulfill certain marital obligations prior to a divorce, as agreed to by a court order. But unlike an unmarried couple, you can’t simply move out and move on: You’ll need to go through the divorce process to officially dissolve your relationship in the eyes of the state.įor many couples, the first step on the road to divorce is separation, especially in no-fault cases. The decision to end a marriage is emotionally painful and often very difficult for both spouses.
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