Q: My wife wants a divorce and will be leaving the house. Is it better if I file for separation before her?
At what point is she not in titled to my health care I’m not a jerk.
A: There is no such thing as a legal separation in New Jersey! You cannot remove her from your health insurance under existing law, unless and until you obtain a Court Order allowing you to do so. But what you must really do, prior to anything else, is to retain an experienced matrimonial attorney to represent you in this matter.
A: Thank you for your question. I understand how worried you must be about your Wife wanting a divorce and leaving the house. In New Jersey, there is no option to file a legal separation with the Courts. With regards to the health insurance question, you cannot simply remove her just because either of you file for divorce. Pursuant to the Court Rules, you must continue carrying her on your health insurance during the divorce proceedings until the divorce is finalized. I strongly suggest that you schedule a consultation with a family law attorney who has experience with these types of issues as soon as possible, so that you can understand your rights and options regarding your divorce.
Teresa L. Reichek agrees with this answer
A:
Thank you for your question. There is no such thing as legal separation in New Jersey. There is no strategic advantage to filing for divorce first in this state. Divorce can be complicated and confusing and you will need legal expertise.
You are not allowed to alter or remove her from any insurance coverage during the divorce process and at least 90 days prior to a Complaint being filed. Your wife stays on your insurance until the divorce is finalized.
Before you move forward you should consult with an experienced family law attorney to determine your rights and responsibilities pending divorce.
wlg.com
Flavio Van Boekel agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
