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No. The statute requires a period of separation that does not require the parties to be physically separated in different houses. Rather, it uses a separation date of when the parties began living separate lives and no longer wished to be married. The parties can continue to cohabitate during the pendency of the divorce proceedings. Schedule a consultation to discuss the issue of separation and application time frame based on your individual circumstances.

With a few exceptions, any income accumulated during the course of the marriage is considered marital, regardless of which accounts the funds are ultimately deposited into or who earned it. Meaning, if one spouse is a stay-at-home parent earning no income and the other spouse earns all of the income to financially support the household, neither spouse is any more entitled to the use of the marital funds for marital purposes. Schedule a consultation to discuss the implications of one spouse intentionally misusing marital funds for a nonmarital purpose.

With a few exceptions, marital property is any property that has been accumulated from the date of the marriage until the date of filing a petition for dissolution of marriage or legal separation. Schedule a consultation to discuss the issue of marital property based on your individual circumstances.

The presumption is that, like marital property, any debts that have been incurred from the date of the marriage until the date of filing a petition for dissolution of marriage or legal separation are marital debts to be shared between the parties. However, the allocation of marital debts at the time of divorce does not necessarily mean that each party will be equally responsible; it means the debts will be split equitably. Schedule a consultation to discuss the issue of marital debts, what an equitable split may entail, and how disproportionate incomes may be factored into the final settlement.

Mediation is an opportunity for the parties to meet with a neutral third party to reach agreements without having a judge or guardian ad litem make decisions for them. The mediator is only there to help facilitate an agreement and has no role in deciding for the parties or in sharing their thoughts with the court. Some of the benefits of mediation include the ability to control what happens with your property, money, and children; the cost-saving factor if agreements are reached without the need for further litigation; and the opportunity to feel heard in a controlled setting. In some cases, you may be required to attend mediation prior to filing anything with the courts to amend or enforce prior judgments or agreements. Schedule a consultation to discuss the cost, benefits, process, and court-ordered mediation based on your individual circumstances.