Question Details:

My husband and I have been legally separated for about a year now. We originally agreed to remain legally separated in order for me to stay on his insurance benefits. Now he wants the divorce to be finalized. Can I have this motion denied due to the result being that I will no longer be covered by his insurance?

Family Law Attorney Response:

Unfortunately, one party may not block a decision of divorce. If one party meets the criteria to dissolve a marriage, the other party may not stop it. This was witnessed in the case of Bartz v. Bartz 153 Wis. 2d 756, 452 N.W.2d 160 (Ct. App. 1989). This situation was similar in that the wife attempted to block a divorce judgment for insurance purposes. However, the court found there was no reason or grounds to legally deny the husband a divorce. My advice to you is to seek the counsel of a qualified family attorney, in order to discuss your case in greater detail before moving forward.

Dan Exner, J.D.

Family Law Attorney

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