Question #69: SEPARATION: Hello- Great informative site! I have been married for 12 years and am now 40. My wife and I have three kids under the age of 16. My wife and I do not get along at all. We can not agree on anything, even simple things. This has been getting worse over the past few years. We have discussed serperation. I have requested to stay in the home. I enjoy our home and she always complains about it (too big, too old) but she refuses to leave. Since our house is a large 1860 victorian style home, we can have seperate bedrooms. We have not been sleeping together nor had relations in quite sometime. Can I file for a seperation with her still remaining in the house since we are not a “couple”? I live in a small rural town in northern New York State so I need to do my homework first. Thanks for your help. I know ending this marriage will be the best for us and our three children.

One of the benefits of mediating your separation or divorce is that you and your spouse can decide exactly how you wish to separate and where to live. The answer to your question is , yes, you may separate and still live in the same premises.

I cannot overemphasize the benefits of mediating your divorce with an attorney-mediator experienced in matrimonial matters.
When you are ready to make the move, please call me at 212-370-1660 to help you resolve this matter .

Leonard M. Weiner, Esq./Divorce Solutions