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State Specific Community Forums >> New York Issues

Pages: 1
cb_mommy
recently joined


Reged: 05/02/09
Posts: 1
my options?
      #528561 - 05/02/09 11:21 PM

Hey there, I am going to try and keep this as brief as possible.

4/2008 - I was laid up for 3 months due to foot surgery. I was staying at my sister in law's house with my ex and my daughter when this happened. One week after my surgery, ex informs me that when we move from his sister's house, he will not be coming. He then proceeds to kick me out of his sister's house. My daughter and I left that day.

May, he starts dating, by August he's living with her.

We've had no legal dealings with the execption of child support and visitation being taken care of.

Since my injury I have only been able to obtain part time work. I cannot afford an attorney. I also have a heart condition that started when I was pregant with my daughter in 2004. I am currently on his insurance which the city pays for. It doesn't come out of his pocket at all.

He told me yesterday that he wants to begin divorce proceedings. My big concern is not keeping my insurance. insurance. I'm on 3 meds for my heart, 1 for asthma. He's offered to pay for the uncontested, I'd just have to sign.

I don't want to be railroaded, and once again kicked while I'm down. He mentioned that he can do the divorce and if I want to file with grounds he'll pay for it. (he wants to get married) I don't entirely believe that he'd give me the money to file to with the grounds I would like to. (abandonment and adultry) He also said if I don't want to go with the divorce, he would file for a separation, and then it would be a no fault divorce in a year.

A year is a nice chunk of time for me to get my stuff together, hopefully find a new job and secure my own medical coverage.

My questions....1. If we are legally separated, does he have to keep me on his insurance if I have no alternate coverage?

And if he serves me with papers for divorce or separation, is there any time limit I must sign within?

Can he proceed with a divorce or separation without my signature? Can either be filed without me?

Thanks in advance. I know I'll be scrambling once I get served to find an attorney to review the docs, but I'm concerned I won't find the money fast enough and he'll just be able to divorce me on his terms and I'll have no rights.


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