If your marriage has dissolved into some acrimony and the only way forward is through a divorce, you'll understand that this process is involved. Yet while you may want to establish a clean break, it may not be so straightforward, and you may not have the available budget to move out and live somewhere else. Apart from the more obvious challenges of such a situation, how can you prove to a judge that you are separated while still living under the same roof?

Understanding the Rules

Thankfully, this situation is far from unusual, and the law recognises that you do not need to be living apart to be separated from a legal point of view. However, you do need to be separated for at least one year before you can bring a case forward. Only one person in the relationship needs to believe that the relationship is over, although the other party must realise that you think it's time to move on.

Gathering Evidence

If you've agreed to keep living in the same property, you can still proceed with your divorce application following that initial period of separation. However, you should bring forward additional evidence to help prove your case and ensure there is no misunderstanding in the family court.

Untangling Your Finances

For example, separate your finances. Some people set up a joint bank account when they are married to cover mortgage payments and other utility bills. In this case, you should close that account and open your own. Certainly, you can still contribute to the household bills, but this is a very different situation compared to maintaining a joint account between you.

Sleeping Separately

Show that you now have separate sleeping arrangements. In this case, you will have moved into a spare bedroom or otherwise taken steps to alter the previous situation.

Telling Your Friends

You should make it clear to other people that you are no longer "an item." Tell your family and friends about the separation, so there is no confusion, and they can provide evidence if called upon to do so. Ideally, do not attend any social activities with your former partner and show that you are now living separate lives.

Being Clear

In many cases, the court will not be too intrusive, but you should nevertheless prepare some of this evidence and be ready to answer any questions should it be necessary. Also, if your former partner does not petition for divorce and may hold up some thoughts of reconciliation, you certainly need to be clear about your position.

Getting Professional Guidance

Should you need any assistance, reach out to a family lawyer. They'll help you to craft your case and make the divorce application as painless as possible in the circumstances.