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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

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โˆ™ 2006-03-25 18:44:12
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Q: If you have no children and no assets do you have to be separated first in order to get a divorce in New Jersey?
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Can you marry your fiancรฉ while his wife refuses to divorce him?

If Wife refuses divorce on ten month marriage with no children or assets, can a divorce nd granted


Does time of separation affect a divorce?

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.


Is a divorce attorney really the answer?

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.


How long do you have to be separated before your spouse can't get your assets?

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.


Can a couple be legally divorced if they have been separated for 9 years?

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.


If was married and together for about 4 yrs and been separated not legally for almost 2 yrs but want a divorce and she doesn't in PA also there are no assets or children what are my options?

Go to a lawyer, but off hand I would say you should be able to file for it.


What will Jon and Kate do with the children in the divorce?

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.


How long does a spouse have to be separated before getting a divorce in Florida?

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.


Can alimoney be claimed from the husband from the property he owned prior to the marriage or only from the earnings post marriage?

Assets acquired prior to marriage are usually protected from a divorce distribution.Assets acquired prior to marriage are usually protected from a divorce distribution.Assets acquired prior to marriage are usually protected from a divorce distribution.Assets acquired prior to marriage are usually protected from a divorce distribution.


How do you get a divorce without a lawyer?

It depends on the laws in the state or country in which you live. In some places there is an 'uncontested' divorce allowed. It means that you are not arguing over splitting the assets and normally no children are involved. You will have to appear before the judge and provide a complete accounting of all the assets and how they are being split.


Do it yourself divorce papers?

If there are no children from the marriage and both parties can agree to division of assets the courthouse has a simple divorce form you can fill out together and file without an attorney for just the filing fee.


Do you have to have to have a settlement to get divorce?

Not necessarily. If there are no minor children, no significant assets, and no issues related to alimony, there's nothing to "settle" before dissolving the marriage. In any event, if there's no agreement about division of assets and/or any claims to future income by either spouse, the divorce court judge will in most states impose a court-ordered settlement as part of the divorce decree.


If husband lived in house first who gets it in a divorce?

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 does a wife get after a divorce and the couple has one child?

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.


Can you make a separated wife pay for her car when the title is in both names?

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).


How can a man protect assets in a divorce in Indiana?

Once the divorce has commenced it's too late to protect assets. That sort of planning must be done well ahead of time.


How do you get divorced when your wife keeps contesting the divorce?

Your wife cannot contest the divorce itself; she can only contest the division of property and assets of the marriage. The divorce case cannot go on forever; there will be a trial and the assets will be divided fairly by the court.


How much will you pay in a divorce settlement in ca 2 kids involved?

It depends on far more than just the number of children; assets are a huge factor.


Can i get a divorce without a lawyer?

There are some things that you have to consider. You CAN get a divorce without a lawyer, but if you have Children or a lot of assets I'd advise against it. There are kits available in many book stores, or online to complete a divorce without a lawyer. It all really depends on how amicable (friendly) the split is.


Can a person date if legally separated?

It is not against the law to date a consenting adult, even when you're married. However, adultery is still grounds for divorce in some states, and a judge may take that behavior into consideration when deciding on issues such as the division of assets. Remember, you are not dating while "separated" you are dating while still married. If there are children involved, dating is simply not a very good idea and exposing your children to casual romances while you are still married is a terrible idea.


What assets will you get out of your divorce?

You will receive half of your assets in most cases but it all depends on where your at as laws are differnet in different areas.


Could your future ex have any rights to property that you purchase in NY state although the divorce is not finalized?

You should consult with your attorney. However, it may not be wise to acquire more assets during a divorce proceeding.You should consult with your attorney. However, it may not be wise to acquire more assets during a divorce proceeding.You should consult with your attorney. However, it may not be wise to acquire more assets during a divorce proceeding.You should consult with your attorney. However, it may not be wise to acquire more assets during a divorce proceeding.


Is your spouse entitled to your 401k after the divorce?

They are entitled to half of your 401k assets.


Is your 401K your property or joint property in divorce in Minnesota?

Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.Generally, your 401K is considered marital property in Minnesota. You can read more about marital assets and divorce in Minnesota at the related link.


Can a convicted felon lose all property in a divorce in Arkansas?

A criminal record has no bearing on the distribution of assets in Divorce proceedings.