Long term separation


#1

I am legally separated for 5 years now.We’ve signed a separation agreement .We have lawsuit for many years now with a bank about marital property that might cost or win us a lot of money.
The problem is that lawsuit lasted too long and may last much longer.
Under the judge’s discretion we are supposed to bring that lawsuit to end before we file for final divorce. Five years of separation is long time,I’d like to move on with my life.
My question is:Can we sign some kind of agreement ,get the final divorce first and arrange the property assets whenever the lawsuit is over.What are the options?Thank you


#2

If your separation agreement does not already address the division of the marital asset that is the subject of the lawsuit, then yes, you and your spouse could enter into a modification of your separation agreement (if allowed by the terms of the agreement) to specify the division of the marital asset if the lawsuit is successful and if the lawsuit is unsuccessful, and then obtain the absolute divorce.