I believe not. You should be able to file for a divorce immediately. Separation is just to make it legal in case you both decide to get a divorce and one of you wins the lottery (a joke but serious one). If divorce is going to be amicable you can get a divorce packet at the courthouse or on-line even. Office Depot abd those type stores also have Divorce Packets but court packet would be best as it explains clearly for NJ what is expected. Good Luck! * New Jersey Law Network. http://www.njlawnet.com
If Wife refuses divorce on ten month marriage with no children or assets, can a divorce nd granted
Legal Separation and Divorce are two different entities. The amount of time that you are legally separated from your spouse does not necessarily affect the divorce proceeding in the sense that you are not divorced after a certain amount of time being separated but it can help with the separation of assets. By this I mean that during the time you are legally separated that is when the economic community ends.
No. Divorce is a court process so if you have not gone through the motions of filing papers, etc then you are separated, not divorced. Spouses who are legally separated are not free to marry since neither has been returned to the legal status of an unmarried person. The duration of time will have a bearing on community assets when you seek a divorce (i.e. the money and assets you have collected during the 9 years may not be considered separate) but you should file for divorce if that is what you are wanting.
Separation does not protect assets. In order to protect your assets you must obtain a divorce. The court will divide the marital assets at that time and each party will be free from the claims of the other from that time on. However, if you continue to put the divorce off, any assets you continue to acquire will be vulnerable to division. Also, if you die while still married, your spouse will inherit your assets.
Go to a lawyer, but off hand I would say you should be able to file for it.
Florida law does not require a separation period before obtaining a divorce. Perhaps you are referring to the Marital Separation Agreement, which is the process of distribution of joint property/assets.
Jon and Kate Gosselin have stated their intention is to share custody of the children equally. Divorce papers were filed on June 23, 2009, at that time the division of assets and custody arrangements were not finalized.
If you are going through a divorce and have assets that need to be divided and/or children, a dicorce attorney is definitely the answer. They will ensure that all assets are split ammicably and that proper custody arrangements are made.
Only if she agrees to it! Otherwise, you'll have to include this issue as part of the final divorce agreement (when assets are split up, permanently).
There is no universal answer to your question. Distribution of assets in a divorce can be agreed upon by the parties. If the parties cannot agree the court will make a division based on such factors as the length of the marriage, whether there are children, the economic position of the parties and their ability to acquire assets in the future.
What a wife gets as a result of divorce depends on the assets you share. Additionally, assets obtained during the marriage needs to be divided.
It depends on far more than just the number of children; assets are a huge factor.