Divorce/Ch 7 same time?? (Please help!)

[Lyric78]

What is the name of your state?What is the name of your state? Ohio

Okay, hi everyone, I am new here. I have been struggling with something and was wondering if anyone here could possibly help me out.

I have been separated from my husband for a little over a month now. It seems as though things are going to be relatively amicable, the problem is he hasn't gotten any wheels turning yet on the BR or the divorce. I am itching to take things into my own hands and do them on my own, but due to the fact that I moved out of state I am unable too.

Anyway, my question is this : is there a way to file a ch 7 and a divorce at the same time? I am anxious to get the divorce done as quickly as possible, and he recently lost his job and had some friends living with him so the BR is very important as well so he doesn't lose the house. The only assets/debt that were joint were 2 cars(one of them will be returned) and a credit card. Any advice you could give would be greatly appreciated!!!

 

[LdiJ]

What is the name of your state?What is the name of your state? Ohio

Okay, hi everyone, I am new here. I have been struggling with something and was wondering if anyone here could possibly help me out.

I have been separated from my husband for a little over a month now. It seems as though things are going to be relatively amicable, the problem is he hasn't gotten any wheels turning yet on the BR or the divorce. I am itching to take things into my own hands and do them on my own, but due to the fact that I moved out of state I am unable too.

Anyway, my question is this : is there a way to file a ch 7 and a divorce at the same time? I am anxious to get the divorce done as quickly as possible, and he recently lost his job and had some friends living with him so the BR is very important as well so he doesn't lose the house. The only assets/debt that were joint were 2 cars(one of them will be returned) and a credit card. Any advice you could give would be greatly appreciated!!!

A bankruptcy seriously complicates a divorce unless both parties are filing bankruptcy. The spouse who is not filing bankruptcy can literally get stuck with the debts of the spouse who does file and end up being forced to file anyway. The creditors are not parties to the divorce and do not have to abide by the debt/property settlement. It is imperative that you consult with an attorney. You need that protection.

 

[cyana24]

In most cases if there is considerable debt and/or assets it's considered wise to get the divorce first, including the ancillary actions of property division/alimony/cs/lawyers fees, etc., then file bankruptcy. This may not hold true for states that allow "legal separation", and in which a legal separation has already been granted. In my state (DE) there is no provision for a legal separation.

I suggest both of you stop paying any unsecured debt now if you feel bk if is imminent for either of you. Have your stbx keep the mortgage and the car current that will be retained. How is your stbx going to pay for house (unless it's already paid for) without a job? If the house is paid for, he'll need to look up your state's bankruptcy exemption limits.