My wife moved out January 01, 2010. She still refuses to sign a separation agreement that details the settlement of our personal property. I am ready to settle and get our divorce, but she keeps putting it off. Would it be a mistake (in regards to property settlement) if I go ahead and file for divorce myself without the personal property being already settled. In other words, if I file for divorce can she still petition the court for an equitable distribution at a later date. I read somewhere on your site that if you file for an absolute divorce then you waive your rights to an equitable distribution if you don’t file for the ed at the same as you file for divorce. She stated that she will sign the separation agreement after we file for divorce. Why won’t she sign before? I won’t to make sure that I won’t be shooting myself in the foot if I go ahead and file without a property settlement first. I just don’t want to get a divorce and then 6 months, a year, or two years later she decides that she is finally ready to settle the property. Any assistance with this question will be greatly appreciated.
If you do not have a property settlement in place you need to file a claim for ED along with your divorce. After the divorce is grated you will lose your rights to have the court distribute your marital property unless a claim is pending.