When you separate from your husband or wife you may want to get a divorce. While getting divorced might help you move on emotionally, it is not necessary to get a divorce in order to resolve your parenting and/or property issues. The two processes are separate.
We have a no fault divorce system, which means you do not have to show that the divorce is anyone’s fault. To get a divorce you have to live separately and apart from your spouse for 12 months. It is possible that for some or all of this time you might still be living in the same house, perhaps to help your children through the process of separation. As long as you were no longer in a relationship with your spouse, “living separate and apart under the same roof” can still be sufficient to get a divorce.
Divorce can be an emotional experience. At Vic Rajah Family Lawyers we recognise this and ensure that you are treated with sensitivity and compassion.