Understanding how Georgia law views shared living arrangements during separation.
You’re sharing the same roof. Maybe even the same kitchen, or the same bedtime routine for the kids. But emotionally? The marriage is over.
So you’re probably wondering:
“Can we still file for divorce if we haven’t physically separated?”
Short answer: Yes. But it’s a little nuanced.
Let’s walk through it together.
In Georgia, “Separation” Doesn’t Always Mean Moving Out
Here’s something most people don’t know:
You don’t have to live in separate houses to be considered “separated” in Georgia.
Under Georgia law, what matters is that you’ve stopped living together as spouses. That means:
- You’re no longer sharing intimacy
- You’ve mentally and emotionally ended the marriage
- You maintain separate finances or bedrooms
- You no longer act like a couple in public or at home
If those things are true, a judge may recognize the legal separation—even if you’re both still under the same roof.
So Why Would People Stay Living Together?
We see this all the time, especially with:
- High living costs: Two homes = double rent or mortgage
- Children’s routines: Parents wanting to minimize disruption
- Pending divorce plans: Waiting on legal advice, paperwork, or final agreements
And yes—sometimes it’s just awkward logistics.
What the Court Really Cares About
When you file for divorce, the court needs to know:
When did the separation happen?
Even if you’re in the same house, your lawyer will help you declare the date you stopped living as a married couple. This is important for things like:
- Property division
- Alimony eligibility
- Length of marriage considerations
You may be asked questions or need to provide some details about how you’ve lived during that time. But as long as the emotional and physical separation is real, you’re within your rights to file.
📌 Pro Tip: Document the Transition
If you’re still living together during divorce proceedings, it’s smart to:
- Keep your financial lives separate
- Move into separate bedrooms
- Avoid activities that resemble “couple life”
- Start documenting your parenting schedule, if applicable
Need to File While Still Sharing a Roof? It’s More Common Than You Think
Our firm helps people across Georgia manage the emotional, legal, and financial complexity of divorce—even when the logistics are tricky.
Contact Catherine Verdery Ryan to learn how to move forward on your terms, whether you’ve moved out—or not.