Separate lives under the same roof.

Many people think that living separate lives under the same roof constitute the separation which entitles them to a divorce after the required period of time.  Although that may be true in some jurisdictions, it is not the case with the judge who enter your final divorce decree.  This is especially true when minor children live under the same roof.  So it must be physical separation at two separate residences which satisfies the separation requirement.  Some people think that “legal” separation requires a written separation agreement.  Although it is true that a written separation agreement is definitely called for if there are any issues of property or child custody, support and the like, a separation agreement is not required.  I’ve done thousands of no-fault divorces through the years where no separation agreement was involved.  Just a word of caution.  Some type of written separation agreement is required if a childless couple would like to get divorced after six months’ separation rather than wait out the year.

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