Legal Question in Family Law in New York

Seperation

My husband walked out on me last March,2006,we are seperated but how does one file a legal seperation to protect my son's medical insurance & child support?


Asked on 9/05/06, 7:27 am

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Seperation

A legal separation is a written ageement that requires the cooperation of both you and your husband as you both must agree on all terms and you both must sign.

Then the agreement is filed with the county clerk in the county where one of you resides.

The agreement then forms the basis for an uncontested divorce one year (or more) later by either party.

However, I am not sure why you think the filing of this doc protects your child's medical ins and child support.

Go to family court and petition for child support and medical coverage for your child ASAP.

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Answered on 9/05/06, 10:08 am
Seth Kaufman Kaufman PLLC

Re: Seperation

You do not need to file separation papers to get an order of support and continued medical coverage for your son. Consult with an attorney to explore your options, which include filing a petition in Family Court.

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Answered on 9/06/06, 9:47 pm


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