Legal Question in Family Law in New Jersey
Medical Ins question during separation
I have been married only 8 months (I am 52, he is 57. Please, no comments on why I married him), but we are now currently separated. No children. he kicked me out of house through TRO which was dismissed by judge as frivolous. He has a very controlling personality. Only his name is on lease. We have not discussed divorce. He makes more than twice what I do, but I have the medical/dental coverage for us. I'm in new enrollment period. He says I HAVE to cover him next year, or he'll take me to court. He won't give me anything in writing that he'l reimburse me every month. I know he's eligible for COBRA, but do I have to add him to my coverage as I can't afford both of us?
Also, my husband has many of my belongings in house. He chooses when and what he brings over to where I am temporarily staying. He also has my cats (they are mine from before marriage) He says he'll call police if I come over to get things or visit my cats. What are my rights to see them (their condition) and retrieve items? Unfortunately I cannot take cats because my hosts or other friends can't keep them in house. I am new to state, moving here in March. No family, left job and family in AZ. He would never think of financially supporting me. What are my rights?
2 Answers from Attorneys
Re: Medical Ins question during separation
If the TRO was dismissed, you have as much right as him to be in the premises even if his is the only name on the lease. This would include checking on your cats and taking your personal belongings. As to the medical insurance, send him a letter, certified and keep a copy, saying you will cover him is he agrees to pay the additional premium. If he does not agree in writing then you do not have to cover him. You should see an attorney to start your divorce and protect your rights. If, as a result of your marriage, you gave up everything in Arizona to come here it may be possible to get some financial helps.
Re: Medical Ins question during separation
I have read what the other attorney wrote.
No, you do not just have to put up with this. It sounds like you really need to get divorced, and you really should not try to do this without an attorney's help.
Now, dont take this wrong, but let me summarize:
you want a divorce, sometime soon.
He has a job, you have a job, maybe some money saved. you might have a pension plan.
and you want to do this without an attorney's advice.
I can not give you advice, because nothing that an attorney can say over this bulletin board can solve your problems.
Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.
Go hire a lawyer, and figure out what you want to do.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
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