Can I get a Divorce while my spouse stills lives in the same house?

Posted: March 11, 2009 in Uncategorized

Yesterday, I was asked if you can file for divorce if you and your spouse still live in the same house.  Well, my answer is, I am not an attorney and I can’t give legal advice.  However, I can ask the attorney or better yet, you can make an appointment and ask the attorney all the questions you have related to divorce, when you can file, where you can file and if you can file.

What I can tell you is as most of us in California know, we are a no-fault divorce state.  What this means is that you do not have to have a reason to get a divorce other than irreconcilable differences, which basically means, ‘we don’t get along anymore’.  So, your spouse doesn’t have to be having an affair for you to file for divorce, (believe me we still hear this one) the Court doesn’t care if they are anyways.  Your spouse doesn’t have to agree to a divorce, (and yes, we hear this one too, “he won’t give me a divorce and he said that’s final”) the Court doesn’t care if they agree to a divorce.

So, maybe in a way I just gave you the answer to that original question.  But you won’t know unless you ask an attorney, will you?

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