Married but filing seperate

[mj2343]

What is the name of your state? WA

I recently have filed for what started out to be a Chapter 7 and was told by my attorney that it would not effect my new wife of only 6 months.However
when it came down to me filling out my income and expenses i had to include
her income....which in turn now he said I would be forced to file Chapter 13
because with her income included we make to much money. My attorney said my potential monthly payments for chapter 13 would be $2895.00 for 36 months...( Are you kidding me?) I have to tell my new wife that she has to pay $2895.00 a month for bills that I accuired before we were married? Not to mention we were told it would not effect her at all! We would have waited to get married until my finances were fixed if we would have known that. Bottom line is she will not pay and it could lead to a seperation or divorce...
What are my options, How can I file a chapter 7 and not include her income since our bills and expenses are still seperate and we have no joint bills.

[Ladynred]

The problem is that you live in a community property state. In most Ch7's where the filing party is married, the spouse's income must be listed to show household income. The rationale, I believe, is that if there's enough household income to allow you to pay creditors and still have living expenses paid, then they will push for a Ch 13. Obviously if you had to pay NONE of the expenses, you could probably pay your creditors.

Is this the only lawyer you've talked to ?? Get a 2nd or even 3rd opinion !!!

[mj2343]

If my wife files for a seperation and I move out can i file for a chapter 7 and only look at MY income and expenses? How long do i have to wait?