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  #1  
Old 10-22-2008, 04:39 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,781
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What is the name of your state (only U.S. law)?
Oregon
Hopefully that is not your real name. If it is see if the moderator can change it for you.

Quote:
My wife has indicated she would like a divorce. We are seeing a pychology councelor today. I'm not sure where things are at. I believe she has sought legal advice already and i believe she will fight joint custody of our 3 yr old.
Okay. She can fight joint custody. Doens't mean she will win.

Quote:
She is also pushing for me to file bankruptcy. I have an informational interview with a bankruptcy autory in a couply days.
Bankruptcy and divorce can not run consecutively. You will need to wait until the divorce is done to file bankruptcy or bankruptcy is done before filing divorce.

Quote:
I believe reconciliation will not be an option and todays psych counsil is for her to find out how we proceed and limit damage or effect to our child. I would like some advice on A) the Custody issue. I believe I will find myself out of state back with family until I can recover financially and feel our child is best cared for with my wife. How does this effect my legal right to come back into her life and visits even though I'm out of state?
Why would you disappear from her life? What you do is if you want your wife to have primary custody (though why would you if she has no way of supporting the child)you request a long distance visitation plan to be made a court order.

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B) Do I file bankruptcy before filing for divorce? I belive it will be views ad ch. 7 as we fall below the poverty level since she is currently not working.
If you do you won't get a divorce until the bankruptcy is settled.

Quote:
Although, she was just granted a second interview today. She has been stay at home mom for the past 3-4 yrs. lastly what if I initate the divorce? What if I'm out of state?What is the name of your state (only U.S. law)?
You can file for divorce in Oregon if you are a resident there before moving. That will most likely restrict your child to Oregon however. If you are out of state you will be traveling back for court hearings. Try to be more specific with your questions because you are sort of broad with them.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #2  
Old 10-22-2008, 05:03 PM
Junior Member
 
Join Date: Oct 2008
Posts: 2

reply to what to do


Rookie mistake on the user name. I sent an email to the web master I hope will change it. what did you mean by the 'moderator' and how can I get ahold of that person?

Thank for the info. and quick too. I understand that divorce and bankrupcy cannot happen at the same time. How do I decide which one should come first?

regarding disapearing that is a tuff one. Mom has local family help where neither will need or want for anything and she will have her own income shortly. I on the other hand have no credit now due to house and car payment issues of the last year. I think in order to stableize I could consider the option of going home to my family to live rent free until I could I could recover financially. I would not want to but might have to be away from my child. I see now that the aformentioned recovery plan would have to wait until all the court apprearances are completed.
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