Hi, I have been separated for over a year. I would like to get a divorce in order to bring closure to my past. I have a matrimonial home (no mortgage) and up for sale (but not selling). My spouse insists on not signing anything or wanting to separate - basically being stubborn. I am willing to give what the court allows (50/50) but I do not want to wait for the house to sell. If I apply and get a simple divorce will I lose my claim to my house (when it sells)?? I just want to get on with my life and deal with the separation issues after -- otherwise I feel like I am trapped and my spouse has all the power!:confused: So can I get a simple divorce and put the financial onus on my spouse? Will I lose my rights to the house? Can my spouse refuse a divorce proceeding against her? Help!

I don't know what you mean by a simple divorce.

Your divorce decree will specify how the property is to be divided, your share, his share. A lot depends on the State you live in.

If you don't have grounds for a divorce (depending on the State) you cannot divorce. Likewise, your wife could file motion after motion to stall the proceeding but if you do have grounds, the divorce will eventually be granted.

Obviously if you cannot agree on a division of property the Court will make the decision for you. I don't know from what you posted what a fair/equitable distribution of property would be.

When you say you are separated for a year, is this a legal separation which you intend to turn into a divorce? If so, the property should be covered in that separation agreement.

A simple divorce is for people who have nothing to split and just want to be free from the other.
IF you want anything from the marriage then you can't simply divorce unless he is willing to give you the share you want with no complications then, maybe then, you might be able to get away with a simple divorce. Him being stubborn shows that it ain't going to happen that way.

No such thing in NY - thanks for the info.