Why This Question Comes Up So Often
In Lexington, many couples stay under the same roof because of:
- High housing costs
- Shared childcare responsibilities
- Financial limitations
- Wanting stability for the children
But South Carolina has strict separation rules, and this leaves many asking:
“Can we still get divorced if we’re living in the same house?”
The short answer: Yes — but only under certain circumstances.
The Rule: You Must Live “Separate and Apart” for One Year
South Carolina requires one full year of continuous separation to qualify for a no-fault divorce.
To meet this requirement, spouses must:
- Live in separate residences,
- Not share a bedroom,
- Not live as a married couple, and
- Have a witness who can verify the separation.
Living in the same house usually does not meet the legal definition of separation.
But There Are Exceptions
1. You can still FILE — even if you can’t get divorced yet
You may file based on fault grounds (like adultery or physical cruelty) without living apart for one year.
In these cases, your living arrangements do NOT prevent filing.
2. You can separate within the home — very rarely
Courts sometimes accept in-home separation if you can prove:
- Completely separate bedrooms
- No cooking, cleaning, or childcare responsibilities for each other
- No shared social activities
- No intimacy
- Truly separate lives under one roof
However, Lexington judges rarely approve this unless the separation is extremely clear and well-documented.
3. You can file temporary motions even before moving out
If you’re stuck financially, you can request:
- Temporary child support
- Temporary custody
- Exclusive possession of the home
- Restraining or protective orders (in appropriate cases)
This helps spouses safely move apart and start the one-year timeline.
What Lexington Couples Usually Do
Most families take one of these approaches:
Option 1: One spouse moves out temporarily
This starts the one-year clock immediately, even if finances are tight.
Option 2: File based on fault
This lets the divorce begin now, even with both spouses in the same home.
Option 3: Get temporary orders to make separation possible
Judges can help structure bills, support, and custody so one spouse CAN move.
How This Affects Custody and Support
You can still ask the court for:
- Temporary custody
- Visitation schedules
- Child support
- Alimony
- Financial protections
even if both spouses reside in the same home at the time of filing.
Lexington judges understand that housing limitations are common and won’t punish you for financial realities.
Quick FAQs
Does the one-year separation period count if we live in separate rooms?
Usually no — unless you can prove total in-home separation, which is rare.
Can we file based on fault even if we still live together?
Yes. Fault-based divorce does not require a full year apart.
Can temporary orders help one spouse move out?
Absolutely. This is one of the most common early steps.
If you need guidance on divorce but can’t move out yet, call The Farley Law Firm today to schedule a confidential consultation. We’ll help you understand your options and start the process safely.
Disclaimer
This information is for general education only and is not legal advice. Schedule a consultation to discuss your case.