QUESTION
Will the judge make a determination concerning marital property if we wait for the full year of separation?
Asked on Feb 24th, 2014 on Divorce - New York
More details to this question:
I am getting a divorce. My husband and I have been separated since May 2013. There are no children at home. We have not reached a property settlement and my estranged husband refuses to negotiate one. My lawyer is telling me that if we wait the full year of separation that the judge will make a determination concerning marital property. Is this true? I have a friend that got divorced and she went 7 years because her estranged husband wouldn't come to an agreement until she finally gave in to what he wanted just to, finally end the divorce.
4 ANSWERS
In Minnesota there is no 1-year separation provision regarding property settlements. However the May 2014 timeline may coincidentally be scheduling of your divorce trial 1 year after you first separated, in which case in the absence of a property settlement the judge would decide how to divide your marital property.
Answered on Mar 10th, 2014 at 5:18 AM
Social Security Disability Attorney serving Melbourne, FL
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Trust your attorney.
Answered on Mar 04th, 2014 at 4:50 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Yes, you go to trial and establish at trial the property division you want. The judge will then make a decision. However, in every case in King and many other counties you are required to do mediation first, which means you take your proposal for the division to mediation when hopefully it will settle.
Answered on Mar 04th, 2014 at 4:50 PM
Bruce Provda
You need to listen to the advice of your own attorney who knows the facts of your case.
Answered on Mar 04th, 2014 at 4:49 PM