If the ex and I have been living apart for almost 11 months but was unable to file the petition until until 4 months ago, can I still file a show cause?
Question Details:
I am in the military, stationed in South Korea. The ex and I decided to divorce but I was unable to file the petition until I went home on leave. The 365 day will pass in about 2 months. It just so happens that I will be home during this time for 1 month. Can I file the "Rule To Show Cause" at this time and hope to get a court date before I move on to Alaska or will I have to wait until the 1 year anniversary of when I filed the petition? The ex and I have already acceptanced service, waiver and consent, and martial settlement agreement.
Your original petition was filed under article 102, which means that you and your spouse intend to live apart for one year (if you have children). At the end of one year from the waiver of service, the Rule to Show Cause can be filed. However, if you did not want to wait that additional time, the Petition for Divorce can be amended once you and your spouse have lived separate for one year. At the one year mark, you can amend your pleading to state that you have already lived apart. The divorce can be obtained by affidavit and neither party will need to appear.
