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spousal health insurance

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willow9098

Guest
What is the name of your state? PA

My wife filed for divorce and we both signed them but now she won't let her lawyer file them because she wants to use my health insurance. Can I take her off my insurance?
 


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annefan1000

Guest
In Pennsylvania, one cannot remove a spouse from his/her insurance coverage while one is legally married.

She can stall by refraining from filing the documents to proceed with the divorce, however, there are avenues you can utilize in order to speed up the process. Are you represented by an attorney as well?
 
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willow9098

Guest
reply to spousal health insurance

No, not represented by lawyer really. Had one but he screwed up domestic relations hearing royally. He used the wrong post-nup and kept saying that she had primary physical custody and the signed and filed papers say we have shared physical custody. What other avenues can I pursue?
 
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annefan1000

Guest
Two separate issues:

Firstly, a Post Nuptial agreement is not admissible in Family Court pertaining to Child Custody. I don't know what that has to do with anything.

Secondly, from what I can surmise by your post, you had a custody hearing and primary physical custody was given to the mother. Did you really mean that the actual order states that you SHARE PHYSICAL CUSTODY? Read your order carefully and make certain that what you are reading doesn't really state "Mother given primary physical custody with PARTIAL custody to father". This is very standard language and the term "partial custody" is just Pennsylvania's fancy wording for "non custodial parent's visit time with the minor children".

The avenue I suggested is to retain a divorce attorney, who will be able to guide you through the process to speed things up. I know this is just a general answer, but, every divorce is different and each one has varying degrees of complication to it. If one is dealing with a particularly difficult spouse, there are petitions and requests which can be made through the courts that in essence, could make life miserable for the stalling spouse, and these are too numerous to mention here. There are three types of divorce petitions in Pennsylvania. The type of divorce (fault, consentual no fault and non consentual no fault) would determine what avenues you will need to approach.
 

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