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Quick Answer:

Can You Live In The Same House While Divorcing In Pennsylvania?

Living under the same roof during your divorce is allowed in Pennsylvania, though doing so will not count as being separated for the purposes of avoiding the 90-day waiting period – which requires a separation of one year under different roofs.

Living under the same roof during your divorce is allowed in Pennsylvania. For a low-cost, truly cheap PA no-fault divorce, just do not try to tell the Court that even though you are at the same home that you are really separated for over a year and should not have the 90-day waiting period as part of your divorce. It just will not fly.

Under some circumstances, it is a good thing to reside together during your low-cost Pennsylvania divorce… if you can put up with it. After all, the entire point of the divorce is living apart and not being married to that spouse, right? However, we all know that when someone moves out, two separate households are created, each with its own bills and other responsibilities. Perhaps of even more importance, keep in mind that you need your spouse’s full cooperation throughout the divorce process. If you have a spouse who can take or leave being divorced or who may refuse to sign the required divorce documents just to be mean or to exert some control over your life by making you stay married, by you moving out your spouse may find life without you around is better or easier and therefore feel no pressure to sign the documents.

Accordingly, if it is clear to your spouse that you will leave only once the divorce is final and your spouse really wants you out, your spouse will be more likely to be and remain cooperative in the divorce process. By the way, I am not suggesting that you behave badly, just try not to be so nice that your spouse decides that staying married to you might not be a bad thing… unless, of course, you reach that same conclusion. 

Remember that you do control the divorce process and may delay it – or call it off completely – until the final paper is signed by the Judge. Even then, as a number of my clients have done, remarrying that ex is always a possibility if you would both decide it might be worth trying again.