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Neither of us can afford to move out – does this delay divorce? 

Many people believe that they are unable to start divorce proceedings unless they are physically separated from the other party when this need not be the case at all. In fact, it is becoming increasingly common for the parties to remain living in the same property once one has communicated to the other that the marriage is over in their eyes, particularly when they have simply drifted apart, as neither party can afford to move out until such time as settlement of financial assets has been resolved. Another consideration may be care of the children particularly if one parent works night shifts. 
 
Provided that the petitioner can show that they are living separate lives and are residing in two separate households under the same roof, then there is no reason to delay issuing the divorce. 
Please refer to our Q&A on Adultery and also the adultery section on the Facts Of Divorce for more explanation as to what the Court considers when determining whether parties are living in separate households under the same roof. 

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Here at MG Legal, we know that the advice given could affect the rest of your life: so we sit, listen, and advise as to the options, before doing more than any other legal team to achieve the best outcome in your case.  
 
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