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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3455
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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My husband moved out about 2 months ago. We are not legally

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My husband moved out about 2 months ago. We are not legally separated. He recently got a DUI in my car. If I file for legal separation will I avoid having to pay any of the fines and having my insurance affected? We do have children. What if I don't file for legal separation? Am I responsible for his fines?

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

I'm sorry to hear about your situation. Unfortunately, since the DUI occurred while you were together and your insurance covers that vehicle, it will be affected. You are not legally responsible for his DUI fines. If he does not pay them, they will be sent to a collection agency under his name alone and he will be Ordered to pay those himself through the divorce.

Customer:

But he could drain our savings to pay his fines, right? If we are separated would that be prevented?


 

SoloLawyer :

If his name is XXXXX XXXXX account, yes he could use the savings. If you were separated, the Judge would rule on the split of assets. He would still get "his half" of the savings.

Customer:

ok. Thank you.


 

Customer:
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