Family Law

3) My husband and I have been separated for three years now and I want to remarry someone else. Can I get a divorce now even though things havent been worked out between us? What are the main issues that should be worked out?

Yes, you can get a divorce, and therefore not be legally bound to one another, before settling all the corollary issues between you like custody, access, support and equalization.

Generally the way to settle all the corollary issues is through a separation agreement. Its a binding contract between the two of you that you should have lawyers draft. The agreement will sort out everything from exactly how much spousal support is owed, who has custody of the children, what to do with the matrimonial, home to who gets the dog.