You can get divorced even while living together IF:
- – You both want the divorce, and
- – You have no minor children together, and
- – You have a written agreement that resolves issues of alimony and the division of your property, and
- – Neither of you are trying to set aside the agreement
For many years married couples could not get a no-fault divorce until they were living separate and apart from each other, in separate residences, for at least 12 months. Many couples were already “separated” by sleeping in different rooms or occupying different levels within the house, i.e. one party in the basement and the other upstairs.
It could be financially devastating to set up two households on the same income when they had with one household. The new law allows couples without minor children, who agree to end their marriage, to move forward in a non-litigious manner.
One party still needs to file a Complaint for Absolute Divorce and an Answer to the Complaint, and both parties still need to appear in Court to testify, but it is a much less frightening process.