Tips For Finalizing Your Divorce If You Continue Living With Your Spouse
Posted on: 29 May 2020
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Before you can finalize a divorce, you must wait for a specific time frame from the date you initiate the divorce. This time frame is called a cooling-off period, and most states have this requirement. If you decide to divorce but want to continue living together, you must prove that you completed this cooling-off period before you can finalize your divorce. Here are some tips to help you prove this if you continue living together.
Consider If This Is a Good Idea
Many couples today get divorced but continue living together, and the primary reason is for financial reasons. It isn't easy to divide one household into two, which is the main reason couples stay living together. If you choose this route, make sure you follow through with the process of legal separation. You can initiate this process by meeting with a divorce attorney.
File for Legal Separation or Divorce
Filing for legal separation or divorce starts the cooling-off period. If your state requires waiting three months, the three-months will start when you initially go to court for your legal separation or divorce case. Court systems require a cooling-off period to give couples the chance to reconcile. While this does not happen with all cases, there are many situations where couples decide to stay married while they are completing the cooling-off period.
Create a List of Boundaries and Rules and Follow Them
For the court to approve the cooling-off period, they usually require spouses to live apart during this time. If you decide to continue living together for financial reasons, or any other reason, you can still complete the requirement. It is helpful, though, to create a list of rules and boundaries if you choose to stay under the same roof. For example, you must sleep in different bedrooms, avoid sexual intimacy, and take care of your own needs. You should follow the rules you set up as they are evidence that you and your spouse are living separate lives, even though you are living in the same home.
Wait the Necessary Time Frame
After establishing these things, you must wait for the necessary time frame before proceeding with your divorce case. If you have questions about how to handle this or how long you must wait, talk to a legal separation lawyer.
You cannot finalize your divorce without providing evidence you met the cooling-off period requirement. It is harder to prove this when living together, but it is not impossible.
To learn more, reach out to a legal separation lawyer in your area.