We are seriously discussing divorce. We have 2 kids and are financially unable to live apart. Can we still get divorced if he has moved out of our bedroom? Neither of us wants the other to suffer financial hardship. I could not live with myself if my kids for even a second think that I have done anything to hurt their father.
No, you cannot be divorced if you and your spouse are living in the same house, even if you are no longer sharing a bedroom. To obtain an absolute divorce, you and your spouse must live continuously separate and apart for at least one year and you must have separated with the intent to remain separate and apart. Living separate and apart means that spouses must live in separate residences.