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Live in same house, legally separated

Winsted, CT |

When I go to file for divorce from my spouse (we are legally separated now) since we reside in the same residence, does one of us have to move out before the divorce takes place?

Attorney Answers 3


No. As long as you can live peacefully together, there is no law that says one of you has to leave.

The information contained herein is meant for informational purposes only. It is not meant to be relied on as legal advice for any particular circumstance or situation. If you need legal advice and counsel on any matter, consult an attorney.

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No, neither of you will be required to leave, but in many cases it does make the dissolution process more painful and parties who reside together rarely seem to like it. That being said, you can't necessarily kick out the other person either-motions for exclusive use of the premises (pendente lite) are only granted in specific circumstances.

Please keep in mind this is just a general suggestion and each individual matter has a specific set of facts and circumstances that should be taken into consideration. This is in no way legal advice and no attorney-client relationship has been formed. If you would like to discuss your matter further, you may contact us at or 203.745.3151. We wish you the best of luck with your matter.

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I am an attorney licensed in Connecticut as well as New York. My offices are located in Stratford, CT. As my colleagues have already said, neither of you need vacate the property before filing for divorce. I would, however, advise you to consider a divorce mediation if you are in agreement on many of the issues. Mediation is often a tenth as expensive as divorce litigation and can be much healthier for future relations. Please feel free to contact us for further information.

We can be reached at 203-870-6700. Our web address is: www. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Rosenberg and Press, LLC are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Rosenberg and Press helps people file for bankruptcy relief under the bankruptcy code.

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