Am I able to apply for a divorce even though I have not lived physically apart from my spouse for 12 months?

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.

If a couple reconcile for a period of up to three months after separation it is possible to calculate the periods before and after the period of reconciliation to calculate the twelve month separation period.

Also 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.

It is a good idea to consult a solicitor for advice if you intend to live a separate life under the same roof as your spouse. The lawyer is able to advise you on how to structure your relationship and daily affairs in a manner likely to satisfy a court that you and your spouse have lived separate lives.