Can we file for divorce before we work out the details about the house just to get the ball rolling?

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Can we file for divorce before we work out the details about the house just to get the ball rolling?

Asked on May 14, 2012 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you an.  You can start the paperwork for the filing of the divorce or dillolution of the marriage and then come to an agreement down the road as to the distribution of the assets.  Generally speaking, though, if things are amicable then it is easier to get them filed togather and approved at the same time you are legally divorced.  But there is a benefit to filing as it is a date certain that the court can use to determine that the marriage is over and assets thereafter are separate rather than marital property.  Good luck.


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