Sleeping in two separate rooms in the same house is most
likely not going to be considered a separation for divorce purposes. As long as
you continue living under the same roof, separation as required by law can be
difficult to prove. One family thought that they would literally put a brick wall through the middle of the house to “separate,” but the Court did not consider that a separation. However, another Court allowed one party to live in a house in the back yard of the marital residence and that was considered separation for divorce purposes.
Continuing to live under the same roof may increase emotional conflicts and may also have negative consequences on your case. These consequences include the potential
length of alimony payments, the valuation date for property distribution and child custody.
Moving out also has its own problems, such as who will pay the mortgage on the marital residence. If you are contemplating separation, seek legal advice prior to separation
to help you be prepared and to plan the appropriate time and method for
separating.
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