Can I get a divorce living under the same roof?

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Can I get a divorce living under the same roof?

We have been married almost 13 years and still live in the same house together.

Asked on November 30, 2012 under Family Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can certainly divorce (no one can prevent you from divorcing). The issue will be how the court will calculate what is a marital asset and what is not.  Usually, when couples separate (whether informally or through court order) they live separate and apart with no possibility of reconcliation. Here, you don't live separate and apart but if you both agree, you can petition the court jointly and inform the court you are only living under the same roof for financial reasons (I assume) but have no intent to reconcile.


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