People tend to assume that once a Petition for Dissolution of Marriage is filed, one of the parties is required to move out of the marital residence. Not so. In fact, unless a spouse voluntarily moves out of the marital residence or a court order grants exclusive possession to either spouse, both the Husband and Wife can remain in the home, with one caveat: If the ground for dissolution is irreconcilable differences (no-fault), they must live separate and apart even if under the same roof.
Living together with your soon-to-be ex during the divorce process may be a financial necessity for the family. However, if domestic violence is involved or if the living arrangement jeopardizes you or your children’s mental or emotional well-being then you should speak with an attorney about the available legal options to protect yourself and your children.
Though not ideal, there are a few steps you can take in order to make living in the same house bearable for you, your spouse and children, but still qualify for a no-fault divorce.
Living with your spouse during a divorce is difficult but it may be the only option for your family.