It is possible to be 'separated' but still live in the same house together.
By Attorney Alyssa Knisely, Divorce Attorney, Harrisburg, PA
It's possible for parties to live in the same house as "housemates" and be separated. Since the ties that bind two individuals in a marital relationship involve more than sexual intercourse, evidence that the parties have or have not had sexual intercourse during the statutory period is not, by itself, sufficient evidence to establish that the marriage has broken down irretrievably. However, evidence of absence of sexual relations is entitled to significant weight, and if there is also evidence that the parties have been living separately and not as husband and wife, and that at least one of the spouses has no intention of resuming normal marital relations, the evidence may be sufficient to establish irretrievable breakdown of marriage; this is so even if the parties have been living in the same house, and although they have been sharing common expenses, entertaining common friends, and otherwise maintaining a level of civility uncommon in parties seeking a divorce.
If you have been separated but living together for some time, it's still proper to go through a divorce proceeding based upon an irretrievable breakdown. Contact the firm of Shaffer & Engle Law Offices, LLC toll free or email us today.