I have been separated going on 11 months now, living in seperate house from spouse the entire time. If I file legal separation
papers do the months separated count?
Also, an emotional affair is largely responsible for this sepertation. Actually multiple affairs with the same person. Can
a “love letter” from that person in the second event some 18 months after the first be used for an aleinination suit?
That, to me, is clear evidence that the person was intent on, or did not care if they caused division in the marriage.
And I’d like to recover the half of my net worth I’ll lose due in part to their actions.
That is interesting, (about the lack of requirement for separation papers). I would then assume
such an agreement would be for division of property established in writing? One attorney I spoke
with led me to believe the separation was necessary, and that the divorce proceeding a year
later was the less costly and easiest step in the process.
You may execute a Separation Agreement that distributes your martial property and provides for, or waives alimony. Such an agreement can be entered into at any time after the physical separation, however it is not required. If you do have an agreement the divorce is simple and inexpensive.
You may sue for divorce and include a claim to have the court distribute your martial property and award (or deny) alimony if you and your spouse cannot agree.
Physical separation for one year is necessary before a claim for divorce can be filed, however you may commence an action for Equitable Distribution and/or Alimony at any time after you are physically separated.