Filing while under same roof


Spouse has threatened to file with the court . we still live under same roof . i know he can file for divorce from bed and board
If so if both parties can prove indignities because the marriage was in trouble how does a judge decide or can he decide to do nothing and the situation remain the same until someone decides to leave on their own accord ?

Other than Bed & Board what can he file for while cohabitating ?

Can you file for ED while still living in same home ?
Child Custody ?


My understanding is that he cannot file for anything except the Divorce from Bed and Board. And I don’t know how all of that works…

But, he cannot file for equitable distribution or child custody while you are not separated. That said, while there is no custody agreement, he can easily take the children and leave with them to another home, if he so chooses, and you would have to file for custody at that point to try to get them back.

I would (personally) recommend that you either go file for the divorce from bed and board and request to stay in the marital home with the children (ie, for their well-being, for school concerns, whatever), and make him leave. But again, I don’t know the guidelines for Div from B&B, so I don’t know what it takes to have that granted…

It sounds (to me) that he is trying to bully you, and you are letting him.


You cannot file for ED or custody while you are living together.
I cannot say what a judge would do in any one case.


You can mediate but nothing can be filed if you’re under the same roof. And trust me, it will continue to drag on until one of you leave or one forces the other out for whatever reason. It’s a bully tactic and it’s a stall tactic and can go on for months and months and months. Trust me, I know … I’ve been there and it’s utterly frustrating. However, you’re within your legal right (but so is he) to take any marital property he wishes and move from the home. You (and he) are also legally within your right to take any children and/or pets with you as well and the rest will be fought in custody court and equitable distribution.