My husband and I recently decided we are going to get a divorce and I badly just want to move out and be done with it. We were both on the home and we decided he would keep it (we’ve only lived there for a few years so there is no equity). He is in the process of refinancing the home into only his name and has changed all over bills and utilities over to his name. We have split our bank accounts and have no other assets we would fight over. Can I just move out and get my own apartment?
Yes. You can just move out. (Make sure the car titles are sorted.) There is no “formal” filing for separation. The minimal requirement for divorce is living in separate residences, with at least one party intending the separation to be permanent, for a year.
I would suggest that you both drawn up a separation agreement, though, simply to legally declare equitable distribution, so that everyone is on the same page and remains so. It’s simply a binding contract to legally declare what y’all have agreed upon as far as sorting out assets and debts (or alimony and everything else, if need be).
NOT AN ATTORNEY
Sure. Your clock for divorce doesn’t begin to run until you move out.