Question for lawyers and others in the know about divorce-Need some HELP!!

[fishguy]

The streamlined version-My still-as-of-right-now-not-ex wife filed divorce papers against me(uncontested). I signed the papers September 20.
I live in Pennsylvania, she moved back to her home state of Maryland.
Naive me believed that the divorce would become official 90 days afterwards.
I did not hear any official notification of the finalization, so I began to get curious a week or two ago.
Today, I received a medical bill in the mail for a doctor's visit still-legally-my-wife made on January 10 which was still in her married name.
I called the courthouse and asked if the divorce was final.
No was the obvious answer.
Called her lawyers.
They contacted her in December about some final papers but she never followed through with it.
Left her some messages about it today.

What can I do to ensure she gets the final paperwork in to the court?
I think she does not want the divorce to be finalized, because she has no health insurance from her job now(an argument for universal health coverage) and does not want to pay COBRA, which is big $ for my insurance. I basically have near the best or best health, vision, and dental.

Can I threaten her with legal action? Breach of contract?
Does the divorce stay uncontested even if she want to change it to contested, since I signed the papers for an uncontested divorce?
Help!!!

[Heddi]

1. From what I understand

just because she's your wife, and just because she may carry your last name, doesn't NECESSARILY mean that you're responsible, or jointly responsible, for any unpaid bills she has while married to you.

Again, I'm not totally sure of this, but I'm believing that especially in the case of medical bills, SHE IS SOLELY RESPONSIBLE for any charges she incrues. It's not like a mortgage where both of your names are on the papers, so you're both equally responsible for late payments, remaining balances, etc, or a checking account where both names are on it.

She is the only one for whom services were rendered in the case of medical care. I'd assume that you didn't sign any papers saying that you were, or would be, responsible for her bills.

If nothing else, you can sue her in small claims court if she refuses to pay the bill or tries to stick you with 1/2 of it.

You can show that divorce was filed on date X. She moved out on Date Y. Medical bills were incrued on Date Z, when she had already filed for divorce, and after she had ceased living with you.

I think that any forward-thinking judge would rule that she's the one responsible for those bills.


As far as the divorce, I can't help you there....

[fishguy]

2. She moved out the day I signed the papers

Like a burden was lifted from my back.

[Th1onein]

10. You need to research some of the laws in your state regarding

"separation." Google it with a cross reference for your state. It is probable that you will have to run some ads to let potential creditors know that you will not be responsible for her debts. Some states, though (such as Texas) do not have "legal separation," and if this is true, and the state (such as Texas) is a "community property" state, then you are responsible for her debts, just as she is responsible for yours.

[DuctapeFatwa]

3. If she is obtaining health care as a dependent on an insurance policy

provided by your employer, I would check with the employer about simply removing her. Most companies do not require you to include dependents.

[fishguy]

4. I thought about doing that first thing tomorrow

[Bunny]

9. You could do that, but I assume that you don't have anything

in your divorce agreement that requires you to carry her on your health care for any period of time?

[fishguy]

5. Thanks for any input DUers

I really appreciate it!

[fishguy]

6. Little more help

Need some brainstorming!!!

Any little idea would be beneficial!
And appreciated!
All of the cool people are doing it!

[no_hypocrisy]

7. Attorney checking in: I don't suppose that you want to file divorce

papers yourself in Pennsylvania, have your lawyer serve them on her in Maryland, and if she doesn't answer the complaint, you make a motion for a default and you get an uncontested divorce. My suggestion could be moot if you can't file a new claim in a new state if you have a pending action in Maryland.

This is the quickest way I know. Unless you expect her to contest the divorce. Can you get a no-fault one in Pennsylvania? If not, then go for "extreme emotional cruelty" (it sounds worse than it really is) or desertion since she's already left you.

Good luck.

[fishguy]

12. It is an uncontested divorce

Like I mentioned, I think she realizes she cannot get better insurance than mine and wants it for free(No paying COBRA), so it seems she is delaying the action as long as possible.

Which brings me back to the idea that if we had universal health coverage, I would be legally divorced by now.

[MercutioATC]

8. Drive to Maryland, knock on the door, and say "Honey! I'm Home!!"

...just an idea...

[AP]

11. Frauduletn misrepresentation might be your best claim.

But it's complicated. Talk to a lawyer.

[fishguy]

13. I am thinking of contacting her and saying I got legal counsel and

I am going to take legal action.
Fraudulant misrepresentation sounds very ominous and threatening.

Of course, my legal counsel are the true, patriotic Americans of DU!

[AP]

17. Get a real lawyer, and don't contact her directly until you talk

to a lawyer. You might say or do something which would compromise a good legal claim.

You should be able to get a free consultation. Talk to two or three people and pick the one who seems the best.

The fraudulent misrep claim probably wouldn't even work because you assumed that you were divorced without her doing anything to influence your thinking. You really should have known that it took another step.

[supernova]

14. Talk to your own lawyer

about this.

My bet is, even with your insurance she is still liable for expenses she incurred living by herself.

And yes, drop her from your insurance as fast as you can. You're not living together. There's no reason for her to still be on your insurance plan.

[Peregrine]

15. If it was filed in Maryland

No fault requires a 1 year separation before you can even file for a divorce. The only exceptions are adultry and abuse, no separation period. The process from filing to divorce (if uncontested) is 4 to 5 months for the paperwork.

Maryland requires a hearing (just can't sign papers) for a divorce. So if you haven't gone to a hearing then you aren't divorced. At the hearing one of you have to bring a witness that can attest to either you being separated for 1 year or the adultry or abuse. After the hearing the divorce will be final in a week or so, mine was dated Dec 24, a great xmas present.

If you do not have a separation agreement, GET A LAWYER, and get one done. The terms basically will set who is responsible for what, to include insurance coverage, and who gets what. And the hearing magistrate really doesn't want to be the one to settle property issues, if he/she has to then the divorce process is much longer.

[fishguy]

16. It was filed in PA

We agreed about who got what.
The worst part was she got one cat and I got the other.
I wanted both of our boys!!! Well, cats, but they are my boys.

[0007]

18. I'm not trying to be funny. But the cats should never have been separated

The bond between two cats are very strong. I have two Siamese cats and if they were ever separated it would break their hearts.

I'm indeed sorry to hear of your trouble but you and your wife will be all right with a little time put behind your troubles. The cats are another story and a sad one for me to hear.

Good luck!

[fishguy]

19. Any other ideas?

[OneTwentyoNine]

20. Good luck but why post this on GD??