Is it easier to get a divorce after separation? 14 Answers as of May 05, 2011

I just filed for divorce after 11years of being separated from my future ex wife. Will this be an easy divorce since we have been separated for so long and have no properties or assets? Child support has been established by the court which is money all she wants. Our 3 children are just a gold mine for her to get money out of me, since she doesn’t use the money on the kids it is mostly for herself.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Yes. With no assets to fight over, yours will be "easier." Stay well.
Answer Applies to: Alabama
Replied: 5/5/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
It should be easy if there is no disagreements as to division of assets, debts and visitation.
Answer Applies to: California
Replied: 5/3/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Maybe and maybe not. It is the overall facts and circumstances that indicate what issues and potential complications may exist - not the length of physical separation. If there is truly no marital property to be divided and no disagreement on a parenting plan for the kids, it may be relatively easy to complete things quickly.
Answer Applies to: Colorado
Replied: 5/3/2011
Lori C. Obenauf LLC
Lori C. Obenauf LLC | Lori C. Obenauf
Since the only issue is child support, and child support is governed by the Uniform Child Support Guidelines, it should be easier for you to reach an agreement to resolve all issues pertaining to your divorce.
Answer Applies to: Georgia
Replied: 5/3/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
I understand that you have been separated for 11 years and you want to divorce. Yes, some things should be easier because you have been separated so long. You really need some good legal advice, so you can plan how to do this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
Answer Applies to: New Jersey
Replied: 5/3/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    There is too much that is unknown here but it would appear that you would be responsible for child support which is paid per the Guidelines.
    Answer Applies to: Connecticut
    Replied: 5/2/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    If it's in NY then it doesn't make any difference now because NY is a No Fault state. If you believe she is not using the money for the kids, then you can go to court for a modification downward. Good luck.
    Answer Applies to: New York
    Replied: 5/2/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The length of a separation matters little in a divorce. A divorce can be concluded whenever the parties to the divorce reach an agreement on the issues such as debt and property division. If an agreement is not reached, a trial must occur before the case can be concluded.
    Answer Applies to: Minnesota
    Replied: 4/30/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    It is no harder to get a divorce after 11 years of separation than it is after a short separation. The fact that your wife has survived without Spousal Support (alimony) during the 11 years of separation may aid you if she seeks Spousal Support in the divorce, supporting an inference that she has not needed and does not need Spousal Support. However, that does not guarantee that she will not receive a Spousal Support award in the divorce Judgment.
    Answer Applies to: California
    Replied: 4/30/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    There is nothing "hard" about getting divorced in Washington in any circumstance because it's a no fault state. Dividing assets, calculating child support and devising a parenting plan cause problems. The fact you've been separated a long time may or may not affect all those things.
    Answer Applies to: Washington
    Replied: 5/2/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    It will be easier, but not necessarily easy. That is up to you both to cooperate and make it easy. You should also find a settlement minded attorney who will not make a mountain out of a mole hill.
    Answer Applies to: California
    Replied: 5/2/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Getting divorce isn't terribly difficult in California. It is a no fault state so you don't have to prove anything other than you don't want to be married. The separation date doesn't necessarily make it easier. If you are looking for an attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/2/2011
    Hale Law Group
    Hale Law Group | Joshua D. Hale
    Divorce is the same with or without legal separation.
    Answer Applies to: California
    Replied: 5/1/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney