January 1 will be a year and a day from date of separation. We have yet to have separation papers filed. It took my husband a month (said he did not get the papers) to respond to my lawyers letter. If we do not get the papers agreed upon by January 1 2011 what is the process? I am not filing for a divorce…I only want to get the separation papers filed. There is infidelity involved on his side so I will be entitled to alimony and he has not agreed to pay what I have asked for. I need to make sure my assets are covered and I know it will cost me around $5000 to take him to court. I do not have all the information that I need ready to file an alimony and ED and does this cost and can it be dropped if he agrees to what I asked for? What is my best bet…I do not feel he is going to file for a divorce at this time because I think money is an issue with him. Advice please…
Thanks
Separation Papers are not filed. The agreement is simply signed by each party before a Notary. If you do not have a signed agreement at the time you are eligible for divorce you must file claims for Equitable Distribution and Alimony (if applicable) or the claims will be lost upon divorce meaning you lose your rights to have the court determine these issues.
You need very little information to file the claim, and you may settle at any time before a actual hearing is held on either issue. If he files first, you must file an answer including a counterclaim for ED and AL within 30 days of being served with his complaint.