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please x-plain "legal seperation" W.I.

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2

2big4u

Junior Member
What is the name of your state? WISCONSIN
My wife and I want to file for a legal seperation. Can anyone please explain what this term means? Also what are the pro's and cons of a legal seperation? Will I have to pay child support? Can we reside at the same residence? We have children together if tha matters. thank you in advance for your time.
 


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tigger22472

Senior Member
2big4u said:
What is the name of your state? WISCONSIN
My wife and I want to file for a legal seperation. Can anyone please explain what this term means? Also what are the pro's and cons of a legal seperation? Will I have to pay child support? Can we reside at the same residence? We have children together if tha matters. thank you in advance for your time.
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A legal separation sets out everything a divorce does. The only thing that it prevents is the parties from marrying another. So yes you would pay child support.

Whether or not you may live in the same residence could be dependant on the relationship. If it is and can be proven to be a roommate situation is one thing, however, if this is done for instance to defraud then it wouldn't likely be granted anyway.

Examples to defraud would be

1) divorcing to get a child support order for the present children if there is or may soon be an order of child support for another child

2) tax purposes

This would require the use of an attorney and not a DIY project.
 
2

2big4u

Junior Member
Thank you for the information. We are not trying to de fraud anyone It's for credit purposes only, I am filing for bankruptcy for the first time and she has done so already and now she is in a perdicament that she needs "we" need to do so again but her 8 year wait hasn't expired. I am filing this week, and with us being married it is going to affect the bankruptcy process. we are 29 and 30 years old and have learned alot from our mistakes and we just want to have a "fresh" start so that we can acquire a home. is Legal seperation what we need if we just want to speed up the process of getting our credit in the order it needs to be in.
 
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tigger22472

Senior Member
2big4u said:
Thank you for the information. We are not trying to de fraud anyone It's for credit purposes only, I am filing for bankruptcy for the first time and she has done so already and now she is in a perdicament that she needs "we" need to do so again but her 8 year wait hasn't expired. I am filing this week, and with us being married it is going to affect the bankruptcy process. we are 29 and 30 years old and have learned alot from our mistakes and we just want to have a "fresh" start so that we can acquire a home. is Legal seperation what we need if we just want to speed up the process of getting our credit in the order it needs to be in.
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So you are planning to file bankrupsy on accounts that have both your names on them?

You do realize they can still come after her for anything her name is on, correct?

I would be very very careful before doing this because although this is not one of the fraudulent examples I gave, it seems very close.
 
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ceara19

Senior Member
tigger22472 said:
So you are planning to file bankrupsy on accounts that have both your names on them?

You do realize they can still come after her for anything her name is on, correct?

I would be very very careful before doing this because although this is not one of the fraudulent examples I gave, it seems very close.
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Especially if the plan is to burden the OP with all or most of the marital debt in the "legal" separation.
 
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tigger22472

Senior Member
ceara19 said:
Especially if the plan is to burden the OP with all or most of the marital debt in the "legal" separation.
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Actually, the way I read it is the OP would be putting it all onto his spouse. If he files and she cannot all the creditors will go after her. However, I am sure there are statutes or laws that would protect her in that situation.
 
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ceara19

Senior Member
tigger22472 said:
Actually, the way I read it is the OP would be putting it all onto his spouse. If he files and she cannot all the creditors will go after her. However, I am sure there are statutes or laws that would protect her in that situation.
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That wouldn't make any sense if he is the one declaring bankruptcy. If all of the debt is placed on the wife, the OP would have no reason to declare bankruptcy. I get the impression that the OP is trying to wipe put all of the marital debt (plus any individual debt that he has) by getting a legal separation first. If he only want to do away with his individual debt, there's no need for the separation. I don't think he realizes that, no matter what the separation order dictates as far as who is responsible for the marital debt, the CREDITORS are not bound by that agreement and will still hold her responsible for 100% of the debt if he doesn't pay.
 
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tigger22472

Senior Member
ceara19 said:
That wouldn't make any sense if he is the one declaring bankruptcy. If all of the debt is placed on the wife, the OP would have no reason to declare bankruptcy. I get the impression that the OP is trying to wipe put all of the marital debt (plus any individual debt that he has) by getting a legal separation first. If he only want to do away with his individual debt, there's no need for the separation. I don't think he realizes that, no matter what the separation order dictates as far as who is responsible for the marital debt, the CREDITORS are not bound by that agreement and will still hold her responsible for 100% of the debt if he doesn't pay.
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Took me a second to realize what you were saying..lol (I work 3rds and haven't been to bed yet). I see what you are saying... he take all the debt in the separation and then go and file bankruptcy. And just for the record... I agree with your assessment...

AND to the OP... if this is the plan then this is another form of 'attempted' fraud
 
2

2big4u

Junior Member
Sorry, I just needed to explain here. There is no want or need to defraud anyone. We are just trying to acquire a house for the first time and I make a decent amount of money also I have good job history but my wife has none of these, so what we are trying to do is get it to where I can clear my debt and try to get a loan without my wifes history or present situation being held against me. This is an attempt to go in with a clean slate and not be held accountable for my wifes credit also. She cant file bankruptcy for another 1.5 years and we need to acquire a home sooner than that. The plan is to get the home in my name and after she files we can refinance and get both of our names on the loan. I am sorry if this is considered defrauding but to me in my eyes and understanding this is just a possible way to get a home for ourselves and children. any and all input is appreciated and thank you to all that have had input or comments.


also someone noted that we may not need to be seperated to clear my credit? but I will still be judged on her credit status because we are still legally married. is this correct?
 
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ceara19

Senior Member
2big4u said:
Sorry, I just needed to explain here. There is no want or need to defraud anyone. We are just trying to acquire a house for the first time and I make a decent amount of money also I have good job history but my wife has none of these, so what we are trying to do is get it to where I can clear my debt and try to get a loan without my wifes history or present situation being held against me. This is an attempt to go in with a clean slate and not be held accountable for my wifes credit also. She cant file bankruptcy for another 1.5 years and we need to acquire a home sooner than that. The plan is to get the home in my name and after she files we can refinance and get both of our names on the loan. I am sorry if this is considered defrauding but to me in my eyes and understanding this is just a possible way to get a home for ourselves and children. any and all input is appreciated and thank you to all that have had input or comments.


also someone noted that we may not need to be seperated to clear my credit? but I will still be judged on her credit status because we are still legally married. is this correct?
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You'll either need a big down payment or you'll have to keep renting for another 1.5 years. What you are trying to do is fraud.
 
Ohiogal

Ohiogal

Queen Bee
2big4u said:
Sorry, I just needed to explain here. There is no want or need to defraud anyone. We are just trying to acquire a house for the first time and I make a decent amount of money also I have good job history but my wife has none of these, so what we are trying to do is get it to where I can clear my debt and try to get a loan without my wifes history or present situation being held against me. This is an attempt to go in with a clean slate and not be held accountable for my wifes credit also. She cant file bankruptcy for another 1.5 years and we need to acquire a home sooner than that. The plan is to get the home in my name and after she files we can refinance and get both of our names on the loan. I am sorry if this is considered defrauding but to me in my eyes and understanding this is just a possible way to get a home for ourselves and children. any and all input is appreciated and thank you to all that have had input or comments.


also someone noted that we may not need to be seperated to clear my credit? but I will still be judged on her credit status because we are still legally married. is this correct?
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Talk to the bank about putting the house solely in your name and putting you alone on the mortgage. Bankruptcy is NOT going to help your situation though. And this is fraud.
 
2

2big4u

Junior Member
O.K. I gather that this is a fraudulant act so I guess this is not the way to go about this but, Please help me understand what part specifically is fraudulant and how and where it is stated and read that this is fraud. thanks.
 
Ohiogal

Ohiogal

Queen Bee
2big4u said:
O.K. I gather that this is a fraudulant act so I guess this is not the way to go about this but, Please help me understand what part specifically is fraudulant and how and where it is stated and read that this is fraud. thanks.
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You are trying to separate solely for the purpose of declaring bankruptcy and then buying a house. All of that would be considered fraudulent. If you are hoping to take all the debts in the bankruptcy so that you can then declare them that is fraudulent and it wouldn't work anyway because the individuals would still go after them. The shorter list is what is not fraudulent about this -- which isn't a whole heck of a lot.
Not to mention that you would not be able to buy a house so soon after bankruptcy anyway without a huge down payment and an extremely high interest rate if even then.
 
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