Hello,
I’m new to this forum and after reading the articles about how to get a divorce without a lawyer I’m still a bit confused. Am I correct in assuming that I have to wait to start the paperwork and file the complaint until the 1-year separation is over, or can I file that as soon as we are living separatly, meaning the day one moves out of the house?
Thanks!
You must be separated at least one year.
Thank you for the quick reply.
So, if I one of us was to move out of the house on July 1, 2009 I would be able to start the filing process on July 2, 2010?
Yes
Make sure you also include a claim for Equitable Distribution WITH or before your divorce claim. You can file for ED before divorce. They are separate issues. BUT if you don’t file a claim…and you get divorced…you lose your claim to property distribution.
You must be living separate and apart for one year and one day before you can file for divorce.
If you have acquired property during the marriage, you must either settle all property issues via a Separation Agreement prior to filing for divorce, or you must include a claim for equitable distribution in your divorce complaint.
If you are a dependent spouse which means primarily that your soon to be ex made more money than you, you also need to file a claim asking for alimony as well as property distribution prior to the 366 days expiring. You need to include claims for alimony, property distribution, child support, and child custody prior to the time expiring if applicable. If there are no issues, then it is easy to get a divorce after a year and a day has expired. You did not say how long you had been married, etc. etc. Of course, all of these issues can be worked out prior to the divorce and then the process of divorce is fairly easy. Whatever you and your ex decide can be approved by a judge beforehand and will become an order of the court. Just make sure you have covered your bases before the time runs out! I don’t know your situation, but make sure you cover your you know what.