Asked 12/28/2007
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Legal Separation or Divorce? My husband and I are in the middle of a CH 13 bankruptcy, he has no income, and we have been living off of my income for the past several months. He has legal issues, people wanting to sue him for money owed (including family members) etc... It has caused major frustrations in our relationship and I am considering ending it. We have 1 child together, a house, 2 cars, and that's about it. Again, everything is currently in BK. The BK has not been discharged yet....we have a court date on January 9th. I want him to move out of the house because of all the strife....what are the ramifications of a legal separation or divorce while in Bankruptcy? Does it matter? I feel stuck and don't know what to do. |
Answer 2/4 - Submitted 12/30/2007
Answer 3/4 - Submitted 1/2/2010
Please seek professional help from a bankruptcy attorney and real estate attorney. Also, regardless of monies owed, bankruptcies, assets, cars, a house, you need to evaluate the importance of something that has no price ticket: peace of mind! File for divorce, take care of a very important person; YOU. Life is too short to worry about the ramifications that affect one in a material and financial sense if you can "survive" financially in some way. Most important is your peace of mind, emotional health, getting your soul back, living and enjoying life and above all: true hapiness. I hope that helps you.
Answer 4/4 - Submitted 1/3/2010
This is an old question, and the BK is far behind her now. But it was evident she had an attorney since she was in chpater 13 and set for discharge.
Divorce does complicate ones life during a chapter 13, because you and your spouse must make payments on the unsecured creditors for eithr 3 or 5 years. Decisind who is going to pay that, is a big problem. Also, neither party is allowed any new credit without the courts approval during that time.
I would be interested to hear back from this "asker" and let us know , what happened in the subsequent divorce and how they handled the payments
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