DOES ONE PERSON HAVE TO MOVE OUT OF THE HOME TO SEPARATE?
It can be difficult financially to maintain two households while you are going through a separation. I am often asked whether you can separate in DC under the same roof and still be considered separated for the purpose of filing for divorce.
The answer is yes-if you truly live separate and apart. You must be living completely separate lives. This means that you do not share meals or a bedroom. It also means that you are each cooking for yourselves, doing your own laundry and not going out together to social events.
If you are really leading separate lives, you may remain under the same roof and file for divorce when you have been separated for either six months if the separation is mutual and voluntary or one year if the separation is not mutual.
