You can still live in the same home even if you wish to file for legal separation or divorce. Technically, you are separated when you no longer live together as husband and wife. When both parties agree on the date of separation, the divorce can proceed. However, when the parties do not agree on a date of separation documentation may have to be brought forward so that the judge can make a determination. The date of separation is very important as the laws pertaining to divorce are all based on the time period from the date of marriage to the date of separation.