One year waiting period


#1

How can I petition for separate maintenance and property division prior to the one year waiting period for absolute divorce so that I can have my spouse served?


#2

You can file a complaint with claims for Equitable Distribution and Alimony as soon as you are living separate and apart from your spouse. You should meet with an attorney to formulate a plan of action in the near future.


#3

Thank you for your help. I filed the complaint for divorce from bed and board and alimony and had stbx served. He defaulted and I have filed a motion and entry of default. When my one year comes up, can I then request an absolute divorce by filing a summary judgment or what is the best route?


#4

A divorce from bed and board is an action for a judicially ordered separation. You need to file an action for absolute divorce and include a claim for equitable distribution as well.