Separation and Martial Assets


#1

My husband and I have only been separated for a short time (less than 3 months). Do I have to wait the entire year of separation before I talk to a divorce attorney?

What are the pros and cons of getting a legal separation?

If I purchase land/property while separated, will that be counted as marital assets?


#2

No, you do not have to wait the full year before you consult with an attorney. You can certainly begin negotiating/addressing property division, spousal support, and other divorce related issues before your one year of separation is complete. The one year separation only relates to filing for absolute divorce.

Legal separation simply refers to living separate and apart, you don’t file anything to trigger a ‘legal separation.’

If you want to buy real property you will need to record a Free Trader in advance, otherwise your spouse will have rights to any land or home you purchase while separated.