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Showing posts with label Judgment. Show all posts
Showing posts with label Judgment. Show all posts

Wednesday, April 13, 2011

Insurance Policies During Divorce

Am I obligated to continue to pay for the other party's insurance costs after I file the Summons and Petition for divorce?

On the back side of the Summons, it specifically states exactly what restraint a party is under 1) when they file the Summons and Petition; or if they are the responding party, 2) when they are served with the Summons and Petition.

In that document it states that neither party is to cancel insurance for another party during the pending action.  That essentially means that up until the time a party receives the date of termination of status as stated on the the Notice of Entry of Judgment, they cannot terminate insurance coverage for the other party.

There are times, however, that folks lose their jobs, and by virtue of that, their insurance coverage.  That is unavoidable and would not necessarily be the active "canceling" of the other party's insurance coverage.

The basic point is that during the divorce process everyone is given time to make arrangements for their own upkeep, care and support.  No one should be surprised with sudden changes to insurance policies, which could be very costly.

For more information regarding California Family Law contact Stone Law Group at (559) 226-1910.

Sunday, March 27, 2011

What is the Quickest Way to Divorce?

The quickest and least expensive way to bring your marriage to a conclusion is by agreement.  If the parties are able to agree on all issues (such as custody, visitation, property division, child support, and spousal support), then it is a relatively simple matter of memorializing that agreement in the proper legal format, having the parties sign the documents and filing the "Judgment" with the Court.  However, a judgment can be done relatively quick.  However, this does not make you a divorced person.  In order for the Court to terminate your status as a married person, six month and one day have to elapse following the service of the initial divorce documents (Summons and Petition for Dissolution of Marriage), have been served upon the other person.  Thus, you could have a Judgment for 'Divorce,' but not be a 'divorced' person yet.

Similarly, there are times that people will separate out the issue of their marital status from the other issues mentioned above and become 'divorced' before the property and/or custody have been decided.

A word of warning...You are not free to remarry until your marital status has been terminated; and just because six months and one day have elapsed, your marital status does not automatically terminate.  Documents must be filed with the Court for this to occur.

For more information regarding California Family Law contact Stone Law Group at (559) 226-1910.