Separation & Divorce

No. Separation begins whenever the husband and wife begin living separately, in two households (actual separation), or living separately in the same household (constructive separation), and at least one party has the intent that the separation will be permanent and will ultimately lead to divorce.

Yes, but you will be required to demonstrate, through information that you and your witness provide, that while you remained living in the home together, you: 

• Established and maintained intent to separate permanently or indefinitely.
• Have separate bedrooms.
• Have no romantic or sexual intimacy.
• Stop wearing wedding rings.
• Each shop for your own food, prepare own meals; neither shops for the other as to any categories of items (clothing other necessities, etc.)
• Do not use the other spouse's food or other purchases.
• Do not eat meals together (exception: holidays or children's birthdays).
• Are is responsible for caring for each of your own space within the home, such as bedroom.
• Each do your own laundry.
• Establish separate checking accounts.
• Cease socializing (e.g., do not attend parties, movies, theater, etc., together).
• Do not attend church together.
• Interact as parents (when there are minor children) only where strictly necessary from the children's perspective and their well-being; e.g., it would be acceptable for the parents to go together to a meeting with a school official relative to problems confronting a particular child, but less appropriate for the parents to ride together and sit together at a child's school play or soccer game.
• Cease gift-giving between spouses for such occasions as birthdays, Christmas, anniversary, Valentine's Day, etc.
• Make known to close associates, relatives, etc., that the parties are martially separated within the residence, though continuing to reside under the same roof.
• Have a third party come to the home from time to time to personally observe the two spouses' separate and distinct living quarters (bedrooms, bathrooms, etc.).
• Utilize separate entrances to residence, if feasible.
• Be prepared to explain reason(s) for effecting separation under same roof (e.g., financial considerations; unavailability of successor residence,; to ease children's transition to parental separation; etc.).

If you and your spouse are considering cohabitation during a legal separation or divorce, the above list will give you an idea of what "Separation Under the Same Roof" entails.