We been legally separated for 5 months or so. Can I stop paying her cell phone & car insurance? Both of our cars are paid off, and both of our names are on both cars. I know summons mentioned about NOT canceling any types of insurance. Will this affect me at the end, or if we go to trial? Thank you!
This is not a car accident question. You need to consult with a divorce attorney.
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
Are there orders of support in place? if so, follow them. if not, then give her notice that you are no longer going to pay and that she needs to. Be prepared for her to take you to court for support orders shortly after.
Yes, if you do not follow the orders it will affect you quite quickly because the court will make orders and they may be more trouble than what you now face.
Yes it will affect you and no you can't stop paying the insurance and the cell phone bill until court enters orders as to liabilities and debts.
This question is a bit confusing. You say that you have been "legally separated" for 5 months. A legal separation is different from a physical separation with the intention of doing a legal separation or divorce. A legal separation requires the filing of a petition for legal separation (same form as for a divorce), and the payment of the filing fees. Then there may be a filing of a response and request for legal separation or divorce along with a second filing fee paid by the respondent, unless the matter went by default. The legal separation requires financial disclosures, and ends with a judgment (by agreement or orders after trial) for legal separation signed by a judge. If your legal separation was completed 5 months ago, your judgment would say who is responsible for what debts and, typically, each spouse is responsible for their own expenses going forward, unless otherwise stated in the judgment.
If you have only physically separated, AND you have filed a petition for legal separation or divorce, then you would need to look at page 2 of your summons. These are the standard temporary restraining orders. These orders restrict either spouse from financially harming the other during the legal separation or divorce process: things like taking your spouse off your health insurance, buying or selling a car. After your "date of separation" (when one of you communicates to the other that you want out of the marriage), your income is your separate property. If you are now paying your spouse's expenses with those funds, she might end up having to reimburse you those sums. Her personal expenses are her own, as your personal expense are your own. From a practical perspective, if you are both on the insurance plan, and she doesn't have the ability, or willingness, to pay it, that could affect your credit. If there is an accident, and you are both on title on the cars, any injured parties can sue you as well. So you may want to have a conversation with her about this first. The benefit of the temporary restraining orders is that it promotes discussion - no unilateral decisions. Before you move forward with what may feel right and justified, ask yourself if you were in her shoes, would this act increase or decrease the conflict? If it would increase the conflict, does that get you closer or further away from completing your process? Will it make the process more or less expensive if you end up having to argue before a judge?
There are many nuances, exceptions, and technical points here. You should speak with a family law attorney to review your specific situation and help you make decisions that will, ultimately, get you to a successful resolution (however you define "success").
I hope this is helpful to you. Good luck.
Since the information provided in your question is very limited and I have not had an opportunity to review all relevant facts, information, and documents, you should not rely on any specific responses to your questions. The information offered here is general in nature given that the slightest bit of additional information could change a specific answer (i.e. we separated 1 year ago and he has been paying all my expenses. Q: Do I owe him that money back? A: Yes. But what if he used money from a community asset, like a retirement account, to pay it back. A: maybe some or maybe none). In short, consult an attorney to review all relevant information so s/he can properly and accurately advise you. This free service IS NOT a substitute for legal advice and should not be considered legal advice at all.
You can either give her reasonable notice of removing her from the cell plan and your intent to modify the insurance policy, or you can continue to pay but advise her that you will seek reimbursement for costs.
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