In some circumstances, it is possible to apply for a divorce even though you have not lived physically apart from your spouse for the required 12-month period. For example, the family law system is designed to encourage couples to reconcile their differences. If a couple gets back together for one period of up to three months for the purpose of reconciliation, it is possible to use the periods before and after the period of reconciliation to calculate the twelve month separation period. In some circumstances, it might be possible to apply for a divorce where you and your spouse have lived under one roof for all or part of the 12-month period. It is necessary, in these situations, to satisfy the court that you and your spouse lived separate lives despite being in the same home.
If you intend to live separate lives under the same roof as your spouse, it is a good idea to consult a solicitor for advice on how to structure your relationship and your daily affairs in a manner likely to satisfy a court that you and your spouse have lived separate lives.
