Simple Divorce


I have filled out all the forms for a simple divorce. My wife and I do have children but no property to divide we went ahead and did that back when we first separated in December of 2007. We have both hired attorneys regarding child custody and child support but that was done early when we separated and nothing else has ever been done about it. At this point all we care about is getting divorced and worry about the child custody and child support later. Right now I pay her weekly child support and I get the kids as much as I want. Cant you go ahead and get the divorce on your own and if we want to worry about the custody and child support later we can? We are just trying to cut attorney costs as much as possible and get divorced as soon as possible.


Custody, child support, and absolute divorce are separate issues to the court. You can file for child support, child custody at any time regardless of whether or not the divorce is final. However you must be separated with the intent to divorce to file for custody/support. Divorce can be filed any time after the one year one day required separation is over. Having all the details of ED, Child support or custody figured out is not necessary to get an absolute divorce granted.


You may file for divorce if you have dealt with the property and if you have been separated for one year and one day. Absolute divorce has not effect on child custody and support claims, it just terminates the rights to sue for alimony and equitable distribution.


I am doing the absolute divorce on my own. My wife and I have never established custody or child support even though I pay her and see the kids anytime I want. If I file for absolute divorce strictly for the divorce can her attorney file a response or answer stating that child custody and child support be incorporated in the divorce or will she have to file a total different court document for that. I just dont want to file for divorce only and her attorney come back and file an answer or response to the complaint and ask that child support or child custody be incorporated.


Child custody and child support are not related to the action for divorce.


So she can only file a response to the complaint not incorporate any else into the divorce


Yes, that is correct.