# Filing for Divorce

**URL:** <https://forum.rosen.com/t/filing-for-divorce/8661>\
**Category:** Divorce and Separation Answers\
**Created:** [August 26, 2009, 3:49pm UTC](https://forum.rosen.com/t/filing-for-divorce/8661 "2009-08-26T15:49:07Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![my3sons](https://avatars.discourse-cdn.com/v4/letter/m/e274bd/32.png) [@my3sons](https://forum.rosen.com/u/my3sons)\
**Post date:** [August 26, 2009, 3:49pm UTC](https://forum.rosen.com/t/filing-for-divorce/8661/1 "2009-08-26T15:49:07Z")

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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?

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**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\
**Post date:** [August 27, 2009, 1:03am UTC](https://forum.rosen.com/t/filing-for-divorce/8661/2 "2009-08-27T01:03:46Z")

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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.