The one year one day separation requirement begins the day you begin living separate and apart from one another. The divorce will have to be initiated by one of you, your attorneys will not automatically file this. Since you are negotiating equitable distribution, custody and support matters there will be nothing to dispute at that time. At one year and one day either of you may have your attorney file for absolute divorce and if these matters are not settled they can be settled at a later date. It does not affect absolute divorce.
Once one of you file for absolute divorce, the other has 30 days to reply. If the other signs the papers and sends them back to the attorney, all can be done in less time. If the papers are not signed, the filing party must wait the 30 days and then get it on the calendar to go to court and testify that the separation requirement has been met and any other issues are still being negotiated or have been resolved. So estimate 30-45 days after filing for divorce it would be granted regardless of other pending issues.
Ex and I separated last September. We are still discussing property and support matters. Will this affect the finalization of the divorce? Or does the divorce become final the 1 year and 1 day from the date of our separation in September and the other items still get worked on separately? House in one of our names only, but deed has both. 2 children of support age. No money/bank accounts to fight over.
Will I or the ex have to file the papers to finalize the divorce or will one of the lawyers file automatically file something at the 1 year 1 day time? Will we be divorced from that moment on, or will we have to go to the court to tell them we are separated and want the divorce?
Could the divorce be held up by the “discussions” over the support and house? I’ve read on here those normally are separate issues. How long can either of us hold up the divorce, or will it pretty much be in effect at filing unless one of us files and disputes the divorce?
Thanks for any info.