Can you file for divorce before you have an agreed separation, custody, PSS, child support, distribution of assets agreement in place if you are separated for more than a year? What does doing that gain you? i.e. can you buy property on your own? If the case was filed in court for all of this but no court date yet, can you still get a divorce and just go to court or settle out of court for the rest, why pay for a divorce? I am trying to understand benefits. thank you.
*Not an attorney
Yes you can…The judge can issue the divorce decree but leave open that the other issues are still opened pending final disposition. You have to be careful that those issues are addressed with the court, because if not, then property distribution and alimony claims are not allowable once the divorce is entered, if they weren’t left open. Child Support and Custody orders can be addressed/modified anytime, before or after divorce.
I can’t speak to all the benefits/detriments and an attorney would be best served reviewing those. One benefit however is that you could remarry. Also, anyone you date and have sex with would also be clear of a CC suit, whereas they are not free of such if you have sex while separated.
If you have claims pending for equitable distribution and spousal support before the divorce is granted, you will not lose your right to these claims. Benefits to getting a divorce granted sooner rather than later depend on your circumstances. If one party is providing health care, this could either cut off your benefits or decrease your expenditure for your spouse. Having a divorce granted will also allow you to remarry.