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Length of separation

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  • Length of separation

    My husband and I separated in May 2005. I left our house (with our twin boys) and moved into my parent's house. The house was sold in December 2005. In April, he moved 1 1/2 hours away. Since he has been gone, he has returned to our hometown once to see his kids (he had a court appearance for an unrelated matter). I have drafted up a separation agreement (which has already cost me over $2,000!), which he refuses to sign (and this is due to the fact that he doesn't want me to move on with my life - ie., purchase a vehicle or a house). He has never given me a DIME for his two children.

    I want to know if I am able to file for a divorce? We have been separated for over 1 1/2 years. Can I just attach the separation agreement to the divorce papers.

    I want this marriage to be OVER and I want to know that I am financially okay (and not having to worry about some other debt that he has incurred will be my issue)

  • #2
    yes,you are eligible for divorce

    Legally after a year separation you can apply for the divorce but did you ask him about the custody and access arangement.What about the child support even if you are financially strong take support from him and put it in kid's account.Although you can take divorce before resolving other issues.Your separation agreement has no value as he never signed on that.


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