A recent client called and asked a common question: “Can my spouse and I continue living in our marital home during our pending divorce in Georgia?” The answer, surprisingly for some, is yes. It’s increasingly common for couples to remain under the same roof during divorce proceedings–and in some cases, even afterwards. This is primarily due to financial considerations. These situations can work out well economically if you and your spouse are able to be cordial with each other. However, the environment of your household, particularly if children are involved, should not be disregarded. Additionally, there are important guidelines you must follow to avoid jeopardizing your case.

Follow This Rule If You’re Living With Your Spouse During Your Divorce

While you can share the same house, you cannot live as husband and wife in the traditional sense. Specifically, you and your spouse cannot have intimate relations or present yourselves as a married couple. If you do, and your divorce complaint has already been filed, your case could potentially be dismissed. So, while you can reside together, it’s essential to keep your personal and legal boundaries clear.

Prioritize Your (and Your Children)’s Environment

If you and your spouse are not on cordial terms, intimate relations may be the last thing on either of your minds. However, even if it makes financial sense to be living together during your divorce, keep in mind the kind of environment you are subjecting yourself to. If your spouse is emotionally or physically abusive, it is not worth it to stay just to save money. This is even more pertinent if you have a child or children in the home. Follow whatever course of action that is in their best interests.

If you have questions about living together during your divorce, or any other aspect of your divorce, Hall & Navarro is here to help. Contact us to schedule your initial consultation and get started.