I have been married for one year after being together for the last 7yrs. We are a blended family with a kid each from our previous marriages. Her child is 18 and going off to college and mine is 22 and finishing college. Having some marital issues where I've been requesting marital counseling for the last 2 months and she makes excuses as to why she doesn't want to go, but ironically, she's getting her Masters in the field of counseling. Now, that we're downsizing she wants to live "separate but married" to work out things and I'm very against that as there's no way to work on a marriage while living separately. I have mentioned that if she wants to go down that path and doesn't want to work on the marriage through marital counseling, that I would file for a no-contest divorce at some point during the one year time period. I do not want to give up on the marriage, but as we know it takes two and if she's not willing to do marital counseling and would prefer to live by herself, then I'm left with no choice.
You need family law counsel to file for divorce to include temporary orders. If she wants to come around and work on the marriage towards reconciliation she still can, but temporary orders give you both a status quo unless and until the time comes that the divorce has to happen. I guess counselors sometimes have the hardest time confronting the own life difficulties with the field in which they have acquired expertise.
If you want to remain married but living apart and your concern is protecting your assets, then a post-nuptial agreement will help you. Generally, money earned and assets acquired during marriage are community property and subject to division during divorce. Property and money acquired before marriage or by gift or devise are separate property and not subject to division during marriage. You can enter into an agreement with your wife that converts all your community property into separate property retroactively and going forward. Of course, this would be an agreement, which means your wife would have to agree. Also, both sides should be represented by attorneys when negotiating and finalizing the post-nup.
You don't protect your assets from your spouse while you remain married, whether living together or not. That happens by divorcing, or by a formal agreement prepared by an attorney.
You don't file an uncontested divorce. You file for divorce and the other party either contests the divorce and the property and debt division you propose, or they don't.
Have you asked her what she hopes to achieve by a separation? I would ask.
Ms. Laster practices in Dalla
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