Can you get a divorce while cohabitating?

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Can you get a divorce while cohabitating?

I live at one end of the house and my spouse lives at the other. Both of us are taking care of the children while seeking a divorce.

Asked on January 30, 2012 under Family Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Absolutely--there is no legal requirement that the spouses establish separate households prior to seeking a divorce. Indeed, it is often impossible for them to do that, since the distribution of debts and assets, and the allocation of any spousal and/or child support, has yet to be determined, and often one or both spouses cannot afford to establish a separate household yet.


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