Legal Question in Family Law in Pennsylvania

living together while filing for divorce

Can you file for divorce while under the same roof?


Asked on 11/10/07, 12:39 pm

3 Answers from Attorneys

Glenn Brown Real World Law, P.C.

Re: living together while filing for divorce

Yes. In PA you can live separate and apart under the same roof.

If we can help let us know.

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Answered on 11/10/07, 3:46 pm
Solomon Weinstein Solomon Weinstein, Esquire

Re: living together while filing for divorce

Parties can file for a divorce while living under the same roof. This is providing they are separated. And yes you can be separated and living in the same residence. If you would like a consultation feel free to contact my office.

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Answered on 11/12/07, 11:34 am
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: living together while filing for divorce

Yes. It is even possible to become divorced and remain living together.

Separation has 2 potential effects: 1) it can begin the 2 year time frame after which a divorce can occur without the consent of the other party 2) it stops the clock on what is considered marital property. Marital property is defined as property acquired from the date of marriage to the date of separation.

However, you do not have to be living in separate houses to be separated. Rather, separation can occur while under the same roof either through living in separate rooms or simply by filing a divorce complaint.

I trust this answers your question but feel free to call or E0ail on a free initial basis.

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Answered on 11/12/07, 11:52 am


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