I have been separated well over a year without a written agreement and have been receiving spousal support that does not even come close to what I currently need to keep my bills up to date. I was employed full time when I moved out of the marital residence but lost my job due to cuts during this time. My spouse would like to hurry up and get divorced but I cannot afford an attorney and have been working on my response to a consent order for alimony, distribution, child support and custody, etc that he had his attorney draw up for him. I am confused about the filing of an equitable distribution claim and an alimony claim and we are so far trying to settle things amicably, however he is barely offering me anything. My current question is if he doesn’t want to wait any longer and files for divorce would I not be able to file for alimony and equitable distribution? What happens if he files for divorce at this time with no other documentation? He will not provide me with last years tax return (which was filed jointly) and my name is on the house. I am unsure of what my next step should be other than responding of course, and he is getting frustrated with me because I have had the papers for a couple of months but haven’t responded yet honestly because I know that what I should be asking for will anger him and I’m not looking forward to it and I can’t afford a legal battle. Should I file a claim for ED and alimony to protect myself while I am working the rest of the details out because of the timeline?
If your don’t have a claim pending for ED and alimony before your judgment for divorce is entered, those claims are lost forever. So, if he files for divorce, you need to make sure you file those claims.
The fact that your name is on the house and he won’t provide certain financial documents doesn’t have any bearing on your absolute divorce. Absolute divorce is just the legal process that changes your status from married to single. If you file for Equitable Distribution and PSS/alimony you can compel him to provide his financials during discovery.