Filing for Divorce


#1

Are you able to file for divorce even if custody has not been settled? My wife has temporary custody via a 50b. Child support has been settled. We have a separation agreement that addresses the distribution of assets. The only thing pending is the permanent custody / visitation. Do we have to wait until that is determined before we get a divorce?


#2

A judgment of divorce does not preclude a custody action, which can commence at any time after the parents are living separate and apart. You may proceed with the divorce.