I just filed a complaint for divorce based on 1 year separation. My wife will not contest divorce, and we will try to cooperate. We hope to agree on alimony/ED, but as there is no guarantee we will agree I think she should preserve her rights. Can I notice a hearing just for the divorce itself, after 30 days? To preserve her rights in the event of disagreement, should my wife file a counterclaim for alimony and ED? Would her counterclaim delay getting the divorce itself? Will the judge set a hearing on property/alimony or will that rest until one of us files a notice for a hearing? Thank you!
If a claim for ED is not pending prior to a divorce being granted, neither of you will be able to file one later. I’m not 100% sure if the same applies to alimony, although I believe it does. In short, file ED before your divorce is granted, unless you are sure you won’t ever need to.
The matter can be set for hearing 30 days after service. Your wife does indeed need to preserver her rights to Alimony and ED, and file a counterclaim for each, you also need to make a motion in the cause for ED to preserver your own rights (her claim does not preserve your rights). The additional claims will not delay the divorce itself.