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?
2 Answers from Attorneys
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.
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.