Separation status questions

[Seeking Closure]

What is the name of your state? Virginia
I have been physically separated from my soon-to-be-ex for over 2 years. The 1st 1.5 years I and my legal counsel focused on custody issues (complex!). Now focusing on the separation and divorce, my atty sent a Property Settlement Agreement (PSA) proposal in the past couple of months and, so far, we have no response. Since I still live there with our child, I have been paying all bills associated with the house (mortgage, line of credit, RE taxes, insurance, repair/replacements), while he collects pendente lite from me and pays nothing but child support (netting over pendente lite about $50/month). With no financial obligations for the house, the ability to collect pendente lite based on income with no other considerations (VA law), and the fact that he does not want the divorce, he stands to lose nothing by delaying a response or completely ignoring the settlement offer. In fact, he can continue to collect pendente lite which may be dropped when other factors are considered for permanent spousal support, including the length of the marriage AND the house equity may continue to appreciate. Is there anything that can be done legally to move the separation and divorce to closure?

[LdiJ]

Originally Posted by Seeking Closure

What is the name of your state? Virginia
I have been physically separated from my soon-to-be-ex for over 2 years. The 1st 1.5 years I and my legal counsel focused on custody issues (complex!). Now focusing on the separation and divorce, my atty sent a Property Settlement Agreement (PSA) proposal in the past couple of months and, so far, we have no response. Since I still live there with our child, I have been paying all bills associated with the house (mortgage, line of credit, RE taxes, insurance, repair/replacements), while he collects pendente lite from me and pays nothing but child support (netting over pendente lite about $50/month). With no financial obligations for the house, the ability to collect pendente lite based on income with no other considerations (VA law), and the fact that he does not want the divorce, he stands to lose nothing by delaying a response or completely ignoring the settlement offer. In fact, he can continue to collect pendente lite which may be dropped when other factors are considered for permanent spousal support, including the length of the marriage AND the house equity may continue to appreciate. Is there anything that can be done legally to move the separation and divorce to closure?

Yes, you can have your attorney move for a trial, and let the judge decide the property settlement.

[Bali Hai]

Originally Posted by LdiJ

Yes, you can have your attorney move for a trial, and let the judge decide the property settlement.

OR, she can make a settlement offer that would incline her STBX to accept, and stop being so stingy!

He gets HALF even though she has been paying all the bills recently.

She might be in a better position to pay alimony for a duration of time, along with all of his legal fees and save litigation costs.