KNOW YOUR RIGHTS: Talk with a lawyer experienced
in family law. Ask him about the facts
of your situation. Tell him what worries
you
and what you need the most.
PROTECT YOUR
MONEY AND YOUR CREDIT: Take appropriate
measures to prevent your spouse
from taking the money from joint accounts
or making unnecessary credit charges.
Set aside enough money to tide you over
until property and support matters can be
settled.
CONSIDER COUNSELING FOR YOURSELF
AND YOUR CHILDREN: A good counselor can
help you sort
out the complex emotions surrounding
divorce. It will help you make wiser decisions.
You
can learn how to keep your children
from being unnecessarily upset.
INVESTIGATE
YOUR FINANCES: It is important to know
what you have and what you owe. Make
copies of all financial records and
keep them in a safe place or give them to
your lawyer. This can save you legal and
accounting
fees.
AVOID ARGUMENTS WITH YOUR SPOUSE:
If you cannot discuss matters calmly, wait
until
later or let your lawyer do the negotiating.
No one ever wins a domestic argument
and it could get violent.
FIND AN EXPERIENCED
LAWYER YOU CAN TRUST: Confidence and trust
are especially important
in divorce matters. Make certain your
lawyer is experienced in family law. Find
a board
certified specialist by calling the
N.C. State Bar in Raleigh for the names of
specialists in your area.
KEEP YOUR CHILDREN
WITH YOU: If you have been your children's
primary caregiver, the
children should remain with you. The
court will award you child support to assist
in
caring for them.
Absolute Divorce
In North Carolina absolute divorces are usually
obtained based on one year's separation. After
you and your spouse have lived separate continuously
for one year, without resuming the marital
relationship, either of you may obtain an absolute
divorce. Attempts at reconciliation marked
by isolated instances of sexual intercourse
will not automatically end the period of continuous
separation. However, instances of sexual intercourse
and nights spent together may add to the totality
of circumstances sufficient to cause a court
to find that you have voluntarily renewed the
marital relationship. Should a court so find,
the twelve month clock will be reset.
The entry of an absolute divorce terminates
your rights to postseparation support, alimony,
and equitable distribution of marital property
unless you have filed such a claim before theentry
of an absolute divorce. If you go on with your
absolute divorce without asserting claims for
alimony or equitable distribution, or if we
do not assert such claims in responding to
your spouse's divorce suit, it is because of
your instructions to us that you do not want
us to assert such claims. If
you have any questions about this, please ask
us immediately, and
in all events before the entry of your absolute
divorce. Also, if you have been married
for 10 years or longer it may improve your
Social
Security retirement benefits. You may want
to delay your divorce until after your tenth
anniversary.
Change of Name
A wife may wish to resume her maiden name after a divorce.
This can be done at any time and it is not essential that
the name change be part of the divorce judgement. If the
wife requests the name change in the absolute divorce complaint
or counterclaim, the name change will become part of the
absolute divorce judgement.
Your Rights Under COBRA
C.O.B.R.A.
stands for the Consolidated Omnibus Budget Reconciliation
Act of 1985. The Act was passed by Congress in 1986 and
it requires certain employers to provide, at group
rates, continued
health insurance coverage for up to three years for divorced
persons, widows, spouses of retiring workers and their
children. These benefits must also be provided for
workers and their
dependents when the worker is terminated (for reasons other
than gross misconduct) or who has a reduction in hours.
Are All Employees Affected By C.O.B.R.A.?
No. The Act affects employers who:
Have 20 or more employees; and
Are not covered by governmental or church plans.
How Long Will Coverage
Under C.O.B.R.A. Last?
If you and your spouse are divorcing, you can remain
covered by your ex-spouse’s employer for up to
three (3) years. Widows, spouses of retiring workers
and children who are no longer dependent can also be
covered for up to three years.
What Kind Of Coverage Can I Obtain?
C.O.B.R.A. requires that employers offer identical
coverage to C.O.B.R.A. recipients as is provided to
any other beneficiary. If the plan “core” or “basic” coverage
and also options that may be added (such as dental
coverage), you may elect to receive only the core coverage,
or as many additional benefits as you wish.
How Do I Get Coverage Under C.O.B.R.A.?
If you and your spouse are divorcing, and your spouse
is employed by a company that is affected by C.O.B.R.A.,
you are a “ qualified beneficiary.” It
is your spouse’s responsibility to notify the
plan administrator of your divorce within 60 days of
the date of the final divorce decree. Once you have
notified the plan administrator, the company has 14
days to send you information describing your rights
under C.O.B.R.A.. You will then have 60 days to decide
if you want to be covered under C.O.B.R.A.. Other qualified
beneficiaries include dependent children, spouses of
retiring employees and widows of previous employees.
All qualified beneficiaries are subject to the same
rules.
The employer will no longer pay your premiums once
you elect C.O.B.R.A.. You are your ex-spouse will have
to pay these premiums and this may as well have an
affect on how much coverage you want beyond the basic
or core coverage. The employer will charge you the
same group rate that an employee must pay. However,
a maximum surcharge of two percent can be charged to
you by the company for administrative costs. The employer
also has to allow you to pay the premium in monthly
installments if you would like.
Is There Any Way That My Coverage Can Terminate Before
The Three Years?
Yes. In the following circumstances, your coverage
would terminate:
If the employer should decide not to offer a
group health plan to any employee;
If you or your ex-spouse fail to pay your premium;
If your ex-spouse gets another job; or
If you become eligible for Medicare or certain
Social Security benefits.
If I Remarry Will I Lose
My C.O.B.R.A. Health Insurance?
It depends. If you remarry but do not receive coverage
under your new spouse’s group health plan, you
may retain your C.O.B.R.A. coverage. To lose your C.O.B.R.A.
coverage you must remarry and become covered under
another group plan.
Are There Any Special Conditions That Might Exclude
Me From Coverage?
Usually not. In most cases, you are not required to
have a physical exam. If your deductible has been met
for that year, it will carry over to your separate
policy. Also, you will not lose coverage because of
preexisting conditions. This means that any ongoing
illness or condition you have that was covered prior
to divorce will still be covered by your policy under
C.O.B.R.A.
