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can separated people still share the same household

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LdiJ

Senior Member
ny, can a separated couple still live in the same household?
I am pretty sure that in NY you have to actually be living in separate households for one year before you can file for a no fault divorce. So, if that is what you are aiming for, then probably the answer is no.
 

Ohiogal

Queen Bee
I am pretty sure that in NY you have to actually be living in separate households for one year before you can file for a no fault divorce. So, if that is what you are aiming for, then probably the answer is no.
That is the simple answer HOWEVER it is possible depending on a variety of things to be living apart in the same household.
 

mistoffolees

Senior Member
That is the simple answer HOWEVER it is possible depending on a variety of things to be living apart in the same household.
Besides, OP didn't ask whether it would affect a divorce. He/she simply asked if two separated people could live together. The answer to that is, of course, yes.

If OP has a more specific question, she will need to ask it and provide enough details for an answer.
 

xylene

Senior Member
It would be extremely unusual for a legally separated couple to be sharing the the same household under the terms of 99% of separation orders in NY divorces.

If the couple had set up seperate household and have a legal separation agreement and have then decided to return to a shared household that would be reconciliation.
 

Ohiogal

Queen Bee
It would be extremely unusual for a legally separated couple to be sharing the the same household under the terms of 99% of separation orders in NY divorces.

If the couple had set up seperate household and have a legal separation agreement and have then decided to return to a shared household that would be reconciliation.
It is possible to have two separate households under the same roof legally.
 

xylene

Senior Member
It is possible to have two separate households under the same roof legally.
Yes it is possible - but the realms of possibility don't always speak to what is typical or most compatible with desired outcomes.

Few NY married couples live under a separation agreement or judgment of separation under the same roof, making it a more rare state of affairs than is typical in NY divorces involving a time of legal separation.

'Separation under one roof', could most easily complicate any eventual divorce proceedings - an example if either party felt jilted when the other person they were living under a roof with but not legally sharing a household with decided to finish the divorce - they then decide to contest the validity of the time required 'living separately and apart forever'...

Legally separated parties who establish legally and physically separate households and then move under the same roof are going to have dickens of a proving that they remained legally separated.
 

mistoffolees

Senior Member
Yes it is possible - but the realms of possibility don't always speak to what is typical or most compatible with desired outcomes.

Few NY married couples live under a separation agreement or judgment of separation under the same roof, making it a more rare state of affairs than is typical in NY divorces involving a time of legal separation.

'Separation under one roof', could most easily complicate any eventual divorce proceedings - an example if either party felt jilted when the other person they were living under a roof with but not legally sharing a household with decided to finish the divorce - they then decide to contest the validity of the time required 'living separately and apart forever'...

Legally separated parties who establish legally and physically separate households and then move under the same roof are going to have dickens of a proving that they remained legally separated.
But since the OP only asked if it was possible for separated people to live under the same roof, the answer is 'yes'.

We don't know any other facts, including whether there is any intent to divorce at some point or not, so anything other than 'yes' involves speculation.
 

xylene

Senior Member
Well, in NY...

But since the OP only asked if it was possible for separated people to live under the same roof, the answer is 'yes'.

We don't know any other facts, including whether there is any intent to divorce at some point or not, so anything other than 'yes' involves speculation.
If they are separated, then they are creating a situation where, in time, one or both parties can file for a divorce .

That isn't speculation - that is legal fact.

If they are living under the same roof that calls into question the validity of a separation and complicates the legal issues of a divorce using separation as grounds. Also legal fact.

That is sound advice - much better than a condescending and obvious reminder that there is no physical obstacle to separated parties living together.

But I guess I'll amend my still enhanced advice to conform.

Poster, the police will not arrest you for living with your spouse while separated.
 

Ohiogal

Queen Bee
If they are separated, then they are creating a situation where, in time, one or both parties can file for a divorce .

That isn't speculation - that is legal fact.

If they are living under the same roof that calls into question the validity of a separation and complicates the legal issues of a divorce using separation as grounds. Also legal fact.

That is sound advice - much better than a condescending and obvious reminder that there is no physical obstacle to separated parties living together.

But I guess I'll amend my still enhanced advice to conform.

Poster, the police will not arrest you for living with your spouse while separated.
I will agree with your facts. HOWEVER it is possible to live together and still prove that you have lived separate and apart as required by statute. It is not easy but it IS possible. That is also legal fact.
 

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