If you're considering divorce in New Jersey, one of the most common questions is: Do we have to live apart before we can file? The answer is no—living separately is not required to start the divorce process in NJ.

Whether you're still living under the same roof or have already moved out, you may still meet the legal grounds for divorce.

NJ Divorce Basics: Grounds for Divorce

New Jersey allows for both fault-based and no-fault divorces. Most couples file under no-fault grounds, which include:

• Irreconcilable differences for at least six months

• Separation (living apart) for at least 18 consecutive months

So while separation can be used as a legal ground, it's not your only option.

Irreconcilable Differences: No Need to Move Out

If you and your spouse have experienced irreconcilable differences for at least six months, you do not need to live apart. You can be living together and still file.

In fact, many couples stay under the same roof during the early stages of divorce for practical reasons like finances, children, or waiting on court dates.

Using Separation as Grounds

If you do choose to file based on separation, New Jersey requires:

• 18 consecutive months of living in separate residences

• No reasonable prospect of reconciliation

This path is less common today because of the flexibility offered by irreconcilable differences.

What If You Still Live Together?

You can still:

• File for divorce

• Negotiate custody and parenting plans

• Begin mediation or litigation

• Request temporary support (alimony or child support)

Judges in NJ understand that moving out isn't always feasible at the start. You won't be penalized for staying in the same home while your case is pending.

Residency Requirements Still Apply

While you don't have to live separately, you or your spouse must have lived in New Jersey for at least 12 consecutive months before filing.

When Should You Move Out?

That depends. Sometimes it makes sense to remain in the home temporarily for the kids or financial stability. In other cases, tension or emotional strain may make separation healthier for everyone.

Before deciding, speak with an attorney. Moving out can affect custody or property rights if not planned correctly.

Speak With a Divorce Attorney in Ocean or Monmouth County

If you're thinking about divorce but unsure whether you need to move out or wait, talk to a local attorney who understands NJ divorce law. At Villani & DeLuca, P.C., we help clients start the process strategically and with confidence. Contact us today at (732) 751-4991 for your free consultation.