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by GoHorns on Mar 25, 2008 11:27 AM CDT

So, I know a lot of you are lawyers and I promised a buddy of mine I would ask you legal types. Basically, he's going through a messy divorce. This has been going on since mid-late last year and he dropped her from his insurance because she cheated on him, left him, and said she was going to file the divorce papers.

She did leave him, but kept the money he gave her to file the paperwork (I know, dumb move. I told him as much).

Anyway, when she left, she moved to Denton county. Skip ahead several months and she has now finally filed the paperwork. But she is telling my buddy that she is going to take him to court because she wants to remain on his insurance. Either that or he has to "co-sign" a loan for her to have some dental work done. Everyone in their right mind knows she is not going to pay the loan so he would be responsible for it.

I kind of skipped around a little, but in Denton County you cannot drop your spouse from insurance if divorce papers have been filed. The problem with her claim is that he dropped her before the papers were filed.

All that to ask this: Does she have a case against him? If she does, he is just going to suck up the $850 for the dental work. If she doesn't, he's going to tell her to go f*** herself.

Keeping all of this in mind, his current girlfiend is now pregnant and $850.00 is not chump change he can throw around. So it's not like some of you rich types where that much money is dispensible.

Thank you for your patience in me for this. I know we try to keep this related to sports, but I know this to be a great and knowledgable community.

PB, if you feel this is too iffy and need to delete this thread I'll understand.

Thanks guys/girls.

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first of all, get a divorce lawyer

but here are some issues to think about:

what do you mean by "you can't drop a spouse from insurance unless divorce papers have been filed"? does that mean the action of dropping them is void? voidable? is there a penalty for doing so?

did she say anything about the dental work before he dropped her from the insurance? what about before the divorce papers got filed?

it seems to me (and GIANT caveat that I'm neither a family law attorney nor do I know the law in question, and this is NOT legal advice) that if the law says that the removal of your spouse from your insurance is void, then she's still legally on the insurance. if not, then probably the way it works is if she has a medical expense prior to the papers being filed, he's responsible for it. If she has one after, then he's probably not. So if she wanted to get the dental thing before the papers were filed but didn't because he prematurely took her off his insurance, then he might be responsible.

Again, this is NOT legal advice, just stuff to think about and talk about with a local divorce attorney. my personal, non-legal advice would be to not sign anything (i.e. the loan app) until talking to a lawyer.

anyone else who knows better what they're talking about, feel free to correct me. i'm not even a litigator.

by billyzane on Mar 25, 2008 11:57 AM CDT 0 recs

He really can't afford a lawyer

so he's pretty much on his own. The dental thing didn't come up until months after he dropped her and the papers weren't filed until months after he dropped her.

To answer your questions:

If divorce papers have been filed (in Denton County), then no steps can be taken to remove someone from insurance. Not sure what the penalty would be. Maybe that he would be responsible for coverage in the event that something needed to be done.

She did not mention the dental work until after the divorce papers were filed, and at that point, months after he dropped her from insurance.

She was pretty cool with the whole thing in the beginning because she realized it was all her fault, but then turned into a massive c*** after she realized he dropped her from insurance. She's a sickly bitch so she thought she was just gonna soak up some free benefits.

For those interested, this is not my situation (thank God I have an awesome wife). This truly is a "buddy of mine" situation. Any legal "advise" he gets from me is just that of a friend, so don't feel obligated to throw out disclaimers. No names will ever be used except maybe to sue the real Billy Zane. I hear he's got money ;)

by GoHorns on Mar 25, 2008 12:56 PM CDT up 0 recs

As a lawyer,

I fully endorse BZs statement of getting a competent, licensed divorce lawyer in your area. Giving legal advice, other than "talk to a lawyer", over the internet or blogs is really bad practice (might even be malpractice) so I am not sure you will get any here. There are multiple resources available for selecting an attorney on-line and in the phone book. One way is to contact the attorney referral line or your local bar association. This is normally a free service. Others include lawyer matching services, but those generally cost. A typically good and free, on-line resource for legal issues is www.findlaw.com.

Hope this helps you and your friend out.

by texas ex ohio on Mar 25, 2008 3:50 PM CDT up 0 recs