lorilee
New
Reged: 04/10/07
Posts: 3
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My lawyer served my soon to be ex by certified mail. He isn't signing for them. It has been a week. In the meantime he filed on me and had me served by process server! Does that mean my case is dead? I filed two days before him but I'm served and he's not. And he has cancelled the medical insurance on myself and the kids. He says he will pay for it if I agree to a dissolution and not a divorce. But that was before he filed. In the meantime he is living with another woman rent free utility free and driving around in a new truck!! He has been srewing her for over a year. But that doesn't count in the court. What a crock! He finds a meal ticket, walks away and there are no penalties to him or her!!
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theanswerguy
Platinum
 
Reged: 04/12/07
Posts: 2179
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It doesn't matter who serves who , you will still be able to file an answer and countersuit to his petition . He will be ordered to reinstate the medical insurance .
(A) If a party to an action for divorce, annulment, dissolution of marriage, or legal separation was the named insured or subscriber under, or the policyholder, certificate holder, or contract holder of, a policy, contract, or plan of health insurance that provided health insurance coverage for that party's spouse and dependents immediately prior to the filing of the action, that party shall not cancel or otherwise terminate or cause the termination of such coverage for which the spouse and dependents would otherwise be eligible until the court determines that the party is no longer responsible for providing such health insurance coverage for that party's spouse and dependents
-------------------- Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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ash75
New
Reged: 10/19/06
Posts: 15
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answerguy...can you tell me where you took that information about the insurance from? My STBX has cancelled my insurance but we haven't signed the final papers yet. It's been almost a month since we had our final hearing and since I've had insurance.
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gigi
Platinum
 
Reged: 11/06/06
Posts: 5042
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Have your lawyer move to consolidate the cases and to substitute your petition as a "response & counterpetition" to your stbx's. This will save you a few $$ in writing a separate response to your stbx's petition... but do check it out to make certain you've answered and if he came up with any surprises in his petition, you might want to do a separate response, anyways. Otherwise, no problem with saving a few $$ in attorney's fees up front.
Second, on the insurance, you need to move for temporary orders requiring him to pay a fair portion of the joint expenses temporarily and reinstate the insurance. He'll look like a jerk for pulling that, particualrly for yanking his own KIDS off of insurance. That'll really mess him up with the judge.
Finally, be assured that there is no free ride. Even when a guy moves out and into a girlfriend's home, it's not completely free. It might feel like it is, but she WILL expect him to contribute sooner or later. She (or friends, or family, or WHOEVER he moves in with) will eventually demand money from him. They're just feeling sorry for him for now.
Any adult who sponges off friends or family, EVEN a girlfriend, for more than a month or two in an emergency, without eventually contributing, is eventually considered a deadbeat and shoved out (except in the case of some adults who move back in with thier parents, who are considered boomerangs, and the parents will whine about how their adult children never learned the meaning of responsibility, even if they don't start charging rent). It's scant comfort when you realize he's left you with the kids, the bills, the work of maintaining the property AND no insurance, and it FEELS like he's living the good life, carefree, etc... but the truth is that this kind of roommate thing might have been fun years ago, when college age was upon us, but most adults don't let that kind of "crashing" happen for very long in their own houses. It's NOT the life to which we've become accustomed by any means, and the transient feel is not as comfortable as it might seem, to the one who is left behind with all he work.
I hope you'll be able to work out things so that you'll both be able to afford a place to live, you'll both have insurance and the kids will be able to spend time with both of you as parents, and that both of you will take a fair share of the time involved in raising the kids, schlepping them around to their activities & whatever... but for now... you're just at the beginning...
Get the petition-response thing straightened out, get temporary orders to maintain things for the kids (and you) while this is pending, and THEN you can move forward to see what's next and whether the rest can be worked out reasonably. Recognize that whatever the temporary situation ends up being will set the pace for what the final agreement is, so it's worth making certain it's done right.
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