Live in same house, legally separated

Asked about 2 years ago - 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)

  1. George W Boath JR

    Contributor Level 9

    Answered . 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... more
  2. Shari-Lynn Cuomo Shore


    Contributor Level 6

    Answered . 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... more
  3. Max L Rosenberg


    Contributor Level 11

    Answered . 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... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Deciding between a Divorce and a Legal Separation

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

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