Dear Monica and Running,

please double check those dates/timelines. The legal sep does protect you b/c neither of you can sell or mortgage marital assets without the other's consent. Also, you can continue to get health ins thru him, if you are doing so now. The delays in divorce courts are for two reasons: the docket itself, which is far less than a year, and second, and far more time consuming, is when the divorce itself is attached to the property settlement. You can check about bifurcating those two issues so that on one hand, marital status changes, while on the other hand, you can continue to negotiate a settlement. If there isn't a lot of property, and custody is really going to be "joint" legal custody while you have primary "physical" custody, then it's somewhat cut and dried. You'll alternate holidays, diff years, etc. It's gross, I know. And I feel for you. I really do.

I filed for a sep b/c I wasn't ready to file for divorce at that time. It prevented my H from making "investments" up in Alaska, thank God. If he had done so, against the court order, I'd have legal recourse. But I've since withdrawn the sep and we are in a reconciliation phase now. I only know in MY case and OUR M, if I had filed for divorce it likely would have made it harder for us to come back together. I cannot think of a way that filing for a sep hurts you, except if you end up paying for both a sep and a divorce, if that is how it ultimately ends. To me, it's not that expensive considering what is at stake. That presumes you are getting charged a reasonable rate by your L. If there isn't that much property, and custody isn't likely to be a big issue, it won't be terribly complicated. In California, there are guidelines, which are not binding but are almost always followed (obviously, for example, if you have a disabled child the court would take that into consideration as to support). The guidelines are actually a bit complex but there is software that does it. I hesitate to say much in detail b/c I don't want this to substitute as true legal advice.

At the very least, make an appointment with a L and pay for an hour of their time to at least come up with a plan. Have questions written down in advance to make the most of your time. Good luck,
j-


M: 57 H: 60
M: 35 yrs
S30,D28,D19
H off to Alaska 2006
Recon 7/07- 8/08
*2016*
X = "ALASKA 2.0"
GROUND HOG DAY
I File D 10/16
OW
DIV 2/26/2018
X marries OW 5/2016

= CLOSURE 4 ME
Embrace the Change