What constitutes a separation


#1

I have been separated from my husband for several months, I have had no contact with him and do not know where he is at. Nothing has been signed as far as separtion goes. There is no children involved, no mortage, just a couple loans we have together, which I am paying. Will I be able to get a divorce when the one year mark rolls around. Or do I need to file something, and if so what if he is no where to be found, and not sure he would sign anything any ways.


#2

You may file for divorce after you have been living separate and apart for one year and one day. If you have property or debts that need to be divided between you, you must also file a claim for equitable distribution of property to have the court divide the marital assets and debts. Otherwise you will lose your right to have the court distribute property after the divorce has been granted.

If you cannot locate your husband after a diligent search you pay serve him by publication in the newspaper in his last know county of residence.