Question:
If my wife has agreed to and signed the final divorce decree in an uncontested divorce that is pending a final court date, can she still obtain legal counsel?
Also, if she has an illness, but has not been deemed legally disabled, do I have to maintain her health insurance?
Answer:
First let me preface my answer by stating that although I am licensed to practice law in the state of Texas, I do not actively practice in that state. Cordell & Cordell does have attorneys who actively practice in Texas and would be happy to discuss your case with you.
In most states even if a party has waived service of process during the proceeding that should not preclude them from obtaining counsel, who can then enter an appearance on their behalf.
As far as the insurance goes, usually a Court will require you to maintain all coverages for insurance during the pendency of the process because you are still legally married. Once the Court enters the decree, then legally I don’t believe you can carry your ex-spouse on your insurance.
You should consult an attorney in your jurisdiction to get specific advice to your questions.
Jason Bowman is an attorney in the Louisville, Kent., office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
