Can I Divorce without leaving the Family Home?

Can I Divorce without leaving the Family Home?

Let me introduce you to Jenny and Paul. Both Jenny and Paul have been married for 12 years and they have two children together. Tom who is 7 years of age and Mary who is 5 years of age. The family home is located in the Melbourne suburb of Spotswood. Both work ordinary jobs with Paul being a teacher and Jenny being a retail manager. The family home is located at 32 Appletown Ave and is a modest three bedroom home.  That was purchased by Paul and Jenny some 9 years ago.  Jenny no loungers.

Jenny and Paul have recently started to experience problems in their marriage and this has had an impact on their ability to communicate and parent their children.  Tom and Marry have noticed that their parents are no longer happy and are taking sides when it comes to matrimonial disputes.

These issues have been ongoing for well over 4 months. The family bedroom is no longer used by Jenny and Paul and it has been ages since Tom and Marry have enjoyed the affection of their parents. Paul no longer eats dinner at home and Jenny is no longer affectionate to Paul.


Last night after a heated discussion between Paul and Jenny, Paul announced that he wanted a divorce. Jenny knew that this was coming and stated ” well move out ” and Tom replied ” I can’t afford a rental due to debts”. “Nor can I ” proclaimed Jenny. What are we going to do now ? They both said to one another.

If you are in similar situation, where you wish to get a divorce but are living together there is still a way. The law requires you to demonstrate to the Court that you have been separated for a period of 12 months. So the next question is how does one do that even though you are still living together?. All that you are required to show the Court is that you and your former spouse have to stop being man and wife, this should be done by filing an affidavit and indicating to the court, why you and your former spouse consider your marriage over.

Some examples include that

  • you no longer sleep together;
  • you have separate bank accounts;
  • you cook separate meals;
  • you do separate laundry; and
  • that you are no longer seen socially together.

So in answering your question of “Can I Divorce without leaving the Family Home?” the answer is yes.

If you need assistance with Divorce or any other Family Law matter, contact us for free no obligation consultation on 1300 669 505

(Visited 146 times, 1 visits today)
HTML code/URL goes here
Call Now Button