Cohabitation implications


#1

Just so you know, you can file for absolute divorce prior to ED, support, custody issues being resolved. If I were you, I would file for divorce then settle all the other stuff later…just to be on the safe side. You can have a statement put into the divorce that ED will be decided at a later date and as long as you have that and are hashing it out it should not hold up the divorce.
The only hang up I see if you move in prior to the absolute divorce is that technically, it is still illegal. If you aren’t too overly concerned about that and the stbx isn’t either, and you’ve got the children taken care of, then there’s not a lot else.


#2

Thanx. I thought I had to have all Separation Agreement and stuff in place before the actual divorce? If you’re saying that’s not the case, I will check more into “absolute divorce” on this site.


#3

There are some who never have a separation agreement at all. Equitable distribution and alimony can be resolved after the absolute divorce as long as it is filed for prior to the divorce being granted or there is some mention to the fact that it will be decided later…not sure how that’s worked out but there is a way.
Child custody and support can be filed at any time before, during or after divorce so that should not hold up anything.


#4

This question may sound crazy, but here goes…

Background: My wife and I have been separated for over a year now and have not made any progress on the separation agreement. She wants money and is stalling until the house sells, but in the current housing market it could be a long wait. We agree on the children’s visitation and custody issues and the children have adapted 100% to the situation. There really isn’t any dispute when it comes to the children - only the money issues.

Situation: In the more than year of separation, I have met a new woman and am happy with her (my wife has a boyfriend, actually longer than I’ve been seeing my girlfriend). Again, the children have adapted 100% and seem perfectly happy with both her new man and my new woman. However, my living arrangements have taken a crazy turn of events and I must move out of my current place. It makes financial sense (and in the end, I intend to marry my girlfriend) for me to move in with her. My question is whether or not this is smart from a legal standpoint. Assuming the moral implications are dealt with and the children are properly inducted into this situation, is there any reason I should NOT consider moving in with my girlfriend at this point in time?