I have been separated for almost 1 year now. I have been trying to work out a settlement agreement but with no success. Since I will be able to file for a divorce at 12 months, how does the settlement get handled after a divorce has been granted? A filing for ED has been made, but no trial set as he keeps saying he wants to settle, but then stalls or doesn’t respond.
One of the equitable distribution statutes details the procedures that are to occur to proceed with an equitable distribution claim in court. One of the first step is to draft an equitable distribution affidavit to exchange. If you are the moving party, you have to serve it on the opposing party within 90 days of filing the claim. If he is the moving party and he hasn’t served it on you, you should speak with the court clerk or case coordinator about setting the matter for a scheduling conference or initial pre-trial conference. This will get you into court so the court can put forth time frames to move the case forward.