Published 28 May 2019
Occasionally, circumstances mean that you want to file for divorce while still living in the same house as your spouse. It's possible to do this, as long as you can prove that you've been separated for at least 12 months.
What you need to prove when filing for a divorce
There are certain requirements you need to meet before you can file for divorce. These are as follows:
Additionally, if your marriage has lasted less than two years, you need to attend counseling with the intent of considering reconciliation before you apply for divorce.
Proving separation under the one roof
If you've been, or still are, living together during the 12 months of separation, you need to prove what the Courts call 'separation under the one roof'. A part of doing this is filing an affidavit with your divorce application. Generally, it's wise to ask an independent person to file an affidavit along with yours.
An affidavit is a written statement that you use to present information and evidence to the Court to support your case. You must have a lawyer or Justice of the Peace witness you swearing (or affirming) that everything you've included is the truth before you can submit it.
In your affidavit, you need to:
If this written statement is accepted and confirms the required length of separation has occurred, then the process for filing for divorce continues.
Separating from a spouse is often a difficult time, with a lot of legal matters that you need to consider. If you're considering applying for divorce, make sure you have the expert legal advice of Malouf Solicitors on your side. Reach out to the friendly and supportive team today to see what we can do for you.
Please call us on 02 8833 2000 to speak with a lawyer
Parramatta Office:
Level 5/146 Marsden Street
Parramatta
NSW
2124
PO Box 945
Parramatta
NSW
2124
Phone: 02 8833 2000
Fax: 02 9687 3697