Do I Have To Move Out To File for Divorce?

This is a very common question and a natural thought to have if you are thinking about, or planning to get a divorce from your spouse.

In some circumstances, where the situation might be particularly volatile, both partners are keen to escape each other anyway, so one moving out isn’t even really an issue as they want time apart as soon as possible.

However, separation is not always that easy or “instant”. The house you both live in might be owned by the pair of you. If there are children involved, neither parent is going to be keen to hurry up and move out and be away from their children and the familiarity of it all.

Ultimately, if you are getting divorced you will eventually be going your separate ways, but in order to file for a divorce in the first place, do you have to be separated literally?

The law states that for a couple to seek a divorce, they must first be separated for a period of 12 months and that the relationship has gone beyond the point of being salvageable.

Although the Family Law Act 1975 makes this statement, that doesn’t mean you and your partner have to physically be separated and living at different addresses for a year before getting a divorce.

Living separately under one roof is extremely common these days and this is officially recognised. It’s also very understandable as both parties are going through the processes of breaking up, talking to the children, making arrangements for after the divorce and so on. It’s also not always financially viable to physically separate immediately.

If you are thinking a divorce is imminent, or you and your spouse have discussed that divorce is the best course of action to take, then make an appointment with a family law expert to discuss your rights and your options. It’ll put your mind at rest.

In the Brisbane area, call the compassionate and experienced team at Aylward Game Solicitors.


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