QUESTION
Can you file for divorce even if you both still live at the same house?
Asked on Dec 24th, 2013 on Divorce - Michigan
More details to this question:
Is divorce allowed to be filed although the couple is still living in the same home? I actually went out and bought the divorce kit myself and started filling out the papers but I heard that I may have to wait 6 months and that I may not be able to file because we still live together even though I'm preparing to leave.
11 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona there is no requirement that a couple live separate and apart prior to filing a petition for dissolution.
Answered on Dec 31st, 2013 at 11:16 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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In Nebraska it does not matter if you and your spouse love together.
Answered on Dec 30th, 2013 at 7:11 AM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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In Wisconsin, there is nothing that prohibits you starting a divorce action while you reside with your spouse.
Answered on Dec 26th, 2013 at 10:19 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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In Michigan you can file even if he lives with you but if you have minor children it has to be pending for 6 months before it can be granted.
Answered on Dec 26th, 2013 at 10:18 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In Utah, yes, you can file for divorce even if you both still live in the same house.
Answered on Dec 26th, 2013 at 10:18 PM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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Yes there is no requirement that the parties live separate and apart to file a divorce action. The date of filing would be considered your separation date for divorce purposes.
Answered on Dec 26th, 2013 at 10:17 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can in Idaho, I don't know about other states.
Answered on Dec 26th, 2013 at 4:50 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You are a victim of Water Cooler Law. You may file whether you live in the same home or not.
Answered on Dec 26th, 2013 at 4:50 AM
Yes, you can file and serve him while you are still living together. You just have to know in your heart that the marriage is over. The six month waiting period is between the time you serve the papers on him and the time that the divorce is final. So get it started!
Answered on Dec 26th, 2013 at 4:49 AM
Yes. No problem.
Answered on Dec 26th, 2013 at 4:49 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can file even if you are in the same house.
Answered on Dec 24th, 2013 at 8:27 PM