okay to have a domestic partner? not sure what my status is.

[marley]

hi, i am totally confused as i filed for divorce in 2007 in Queens, New York. I have not been granted divorce yet. My husband had moved out of the house in 2006, so I filed for divorce in 2007 with the reason being he 'neglected' me. He had since put my life down and had gotten lawyers to kick me out of the house which is in his name. He has our kids and refuses to sign the papers. On the final court in 2009, we finally signed the 'temporary divorce paper'. However, my lawyer told me that the divorce isn't finalized until the judge stamps it, which it never happen and I am not sure how long it'll take for it to be signed. Apparently, the judge had retired and a new judge took over. He is now trying to push back the final judgement and therefore, I am not sure if I am still married. My question is, are we still legally married or divorced or separated? I have no clue what my status is and I am now living with my girlfriend who has been supporting me since I was kicked out of the house. Can I be sued for adultery? She is trying to claim me as a domestic partner since I'd been out of work for a long time now and need insurance. Can you please advise if this can be done? thank you!

 

[Zigner]

You don't need to start another thread. You were properly advised in your other thread.

 

[marley]

well, i m not trying to remarry in the first place.
i wish to find out if i m legally separated if i filed divorce in 2007, but it's not finalized yet. if this is the case, can i have a domestic partner.

 

[xylene]

well, i m not trying to remarry in the first place.
i wish to find out if i m legally separated if i filed divorce in 2007, but it's not finalized yet. if this is the case, can i have a domestic partner.

Do you have a separation agreement from your husband? If no then you are not legally separated. It is an act which involves the court, not simply residing together, no matter how long.

Do you have a divorce decree? If no then you remain legally married.

Unless you are divorced you can not be claimed as a domestic partner for the purposes of insurance as your girlfriend proposes to do for you, whether you reside with her or not.

Added: UNLESS her insurance carrier is fully aware that you are still married and agrees to extend you domestic partner coverage, which is extremely unlikely. What the carrier will allow is up to the terms of the company and the policy in place...


Divorce decrees are issued by the court, it is not a matter of 'refusing to sign'

 

[marley]

Thanks Xylene!
no i didnt get this paper from my husband, but by filing for divorce and that we have been separated in 2007, is this not enough proof?

Where do i find out if the Divorce decrees are issued by the court or not?

i can't ask my lawyer since she refuses to help further until i pay all the legal fees which i am impossible to do now since i have no more $. note that i already paid her for 3 years of lawyers fee for more than $40K!

 

[ecmst12]

Whether or not you can be covered as a DP on your girlfriend's policy depends on the wording of the policy and how it defines a domestic partner.

 

[marley]

thx!
so if the policy says it's ok to register a DP, can i claim my gf to be my DP in my situation?

that the divorce isnt finalized, but we'd lived separately for a few years now and filed divorce in 2007?

 

[xylene]

to reiterate....

thx!
so if the policy says it's ok to register a DP, can i claim my gf to be my DP in my situation?

that the divorce isnt finalized, but we'd lived separately for a few years now and filed divorce in 2007?

READ the policy. It will tell you exactly who is qualified to inusre as a domestic partner.

I strongly suspect you would be excluded as you are still married.

Having lived separately, even for years does not mean you are legally separated. Legal separation is the result of either a separation agreement approved by the court or a judgment of separation issued by the court.

Even if you are legally separated - you are still married!

You cannot register a domestic partnership in NYS as a legal contract between you and your girlfriend as you are married. This has nothing to do with your insurance issue - which is covered by the terms of the POLICY. Read the POLICY.

I think your divorce must be very complex and full of contentions. 40,000 dollars in an extremely high amount to have spend on lawyers to be clueless and unsure where you stand. What were you fighting over?

You can go to the court and get the documents

 

[marley]

seriously, i only want out! my husband moved out, so i filed for divorce. we have a house together and he wants our children. so basically hse is divided which i get a tiny portion of it. then he wants me to pay various stuffs from the house. court decision made in 2009 which we signed temporary divorce papers. dumb judge never stampted it and retired. now he wants to push back the settlement. what are my options? i only want out and not to carry the title of married. by that paper that we signed and court declared we were divorced, doesnt that mean we are done? is there anywhere online i can go to check the status?

 

[ecmst12]

If the judge did not sign it you are not divorced. I think you need a lawyer at this point.

 

[marley]

i know i m not divorced, but by this action, does it mean that i can have a domestic partner now? where can i check statuses like this online?

 

[Zigner]

i know i m not divorced, but by this action, does it mean that i can have a domestic partner now? where can i check statuses like this online?

If you are not divorced, you cannot have a DP under state law.

The DP status may be different for insurance policies so you would need to ask this question of the insurance company, if desired.