LafayetteLady
Posts: 7683
Joined: 5/2/2007 From: Northern New Jersey Status: offline
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For most states, "irreconcilable differences" requires a small waiting period before filing. In NJ, if memory serves, it is either 3 or 6 months. There is also an 18 month separation and then no reason is needed at all. This attorney you are visiting will be able to tell you the rules for your state. Also, many states are starting to use something called "collabrative divorce." That is good especially for partners who are in agreement over most of the major issues and can work well with a mediator on the minor ones. I'm not terribly familiar with the details of your situation, other than she came in as a slave and they decided you were no longer necessary. If you can speak civilly with your soon to be ex, tell him that you would like to file as irreconcilable differences and this way everyone's protected from "outing." He should have no trouble agreeing. The attorney can draw up the filing, and then you can wait the necessary time to file. The Property Settlement Agreement is where most couple end up really arguing. That is the portion of the divorce that (obviously) divides marital property. I realize you have been horribly hurt by this whole situation, and I do understand you might feel the need to just give him everything and get out. Please do NOT do this. You put into the marriage, and an equitable distribution is only reasonable. Prior to my becoming disabled, I was a Family Law Paralegal for twenty years. Equitable distribution will help you have the necessary financial means to start over. I've known a great number of women who just walked away with nothing. Yes, many of them boasted how they got back on their feet all on their own, but you know what? This ain't no contest to see who can struggle the most. I have mediated and negotiated a lot of divorces. I never recommend anyone try and take their spouse for everything they can, only that each take their fair share of the marital pie. I don't know if you have children, but if you do, make sure the child support is calculated appropriately, including medical insurance. Sadly, many states will not permit him to continue to carry you on his medical insurance, but until the divorce, most states do not permit him from removing you either. I applaud you for wanting to not drag him and this woman through the mud. Not only would you get awfully muddy as well, but in the end, it really won't change the outcome. I wish you luck, and if you have any questions, feel free to drop me a line on the other side.
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