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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37458
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I live in nh how is the quickest way for me to make sure I

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I live in nh how is the quickest way for me to make sure I am not financially liable for the dangerous decisions my husband is making we have been physically separated for nearly six months... how is the quickest way for me to file and at what point am i no longer at risk?
Good morning,

I'm sorry to hear of your dilemma.

In NH, there is no statutory waiting period to file for divorce based on the ground of Irreconcilable Differences. You should file immediately. It is a possibility that the court will apportion to you some of the debt incurred by your husband up until the divorce is granted. And, while you may make the argument that your husband's dangerous financial decision made since separation should not be attributable to you---there is no guarantee that the court will not apportion some of that to you in the equitable distribution of the marital assets and debt.

Contact a local family law attorney. They can likely have a divorce petition on file as early as this week. That is the quickest way to terminate the possibility that you will be harmed by the actions of your husband. Your risk officially ends when the court Orders the Divorce Decree.

I wish you the best in 2010.

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Customer: replied 6 years ago.

he was a recovering alcoholic/ he is dringking again heavily and driving he has health problems caused by drinking not to mention the risk from drinking and driving so I am at risk for all those liabilities until the court issues a decree? How long does that take typically from filing?

Good morning,

Make sure that you are not an insured on his auto policy and that you are not a registered owner as well. That will prevent you from being sued when he has a wreck. As regards XXXXX XXXXX issues: That is a bigger worry. If he is uninsured then any medical bills he incurs could be collected from you under the necessaries doctrine. So, get the divorce going ASAP.

The divorce can be concluded in 3 or 4 months if all the issues can be agreed on by the two of you. If there are minor children involved, it could last much longer.

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Customer: replied 6 years ago.
yes there are he is on my policy for auto, I carry the health insurance and because my company is self pay as soon as I file he is off the policy, and we have kids.
Good morning,

When you file for divorce, the court has Automatic Orders which generally begin immediately. One of those Orders is, typically, that you can't drop a spouse from insurance.

If the car he has is not in your name--but in his only, you may want to drop him from your policy before he screws your premium up for the next 5 years or more. If the car is in your name as well, then you have to keep it on your policy for now.

However, you can ask the court for a Temporary Hearing as soon as you file. Tell the court at the hearing of his alcoholism problem and ask for an immediate Order that he take sole possession of the car---that the registration be changed to indicate you are no longer an owner, and that you may take him off of your car policy to protect yourself.

He will likely be able to stay on the health policy for the immediate future, and if you take him off of it right now, there is a possibility that the court will order that you either put him back on--or pay for new health insurance out of your own pocket---so be careful there. Often a spouse once taken off a policy can only be put back on during the annual sign-up period