What is the name of your state? AZ
My husband and I are getting a divorce, but have not filed for a few reasons. My husband has free legal representation through his employer and he and his attorney want to agree to the terms of the divorce BEFORE filing. I do not have an attorney and can't afford to retain one. A little history...my husband and I separated about a year and a half ago, then reconciled after about 2 months. Since that time, we have kept everything pretty financially separate - he has his credit cards, checking account, etc. and I have mine. He has also had a P.O. box since that time, so I haven't had any access to any of the credit card statements, etc., and he shreds everything as fast as he gets it. When we decide this time to divorce, he tells me that in the last year and a half, he has accumulated approximately $100,000 of credit card debt. I had no idea. Part of the "proposal" that he and his attorney have come up with is that he will take responsibility for this $100,000 and pay off that debt (and I will be responsible for mine), he will file for divorce, but won't start making child support payments until the month after we close on the house. The market is horrible right now. We barely have anyone coming through the house to see it, let alone any offers, so this could go on for a long time. The main reason he doesn't want me to file for divorce is that he is in over his head with the mortgage, etc, and he can't afford to pay child support (which will be approximately $1100 a month.) and doesn't want to file bankruptcy or let the house go into foreclosure and ruin his credit. He makes approximately 70% of our total income, I make 30%. My question is: if I do not sign the "proposal", file for divorce myself, will a judge assign me to 50% of that $100,000 debt? Is there a chance that a judge would assign it based on our incomes?
I'm sure some of you are reading this and asking yourselves why wouldn't I just agree to the proposal? Of course, there's more to the story! I have an Order of Protection against my husband and we are obviously not allowed to be in the same house and are only to communicate by text messaging or email per the judge. My husband travels a lot, and is home 3 nights a week. On those 3 nights, I have been staying with friends until recently. Now I am renting a room in a house. This is going on 3 months now, and I just want some stability before I lose my mind. I want to rent a house for my children and I, but financially (without child support) that is going to be very hard to do. I am basically living out of my car and going crazy! Is it worth the chance to file myself and hope that the judge does not give me 50% of the debt (that I'll never be able to pay)? Or should I just suck it up and agree to the "proposal"? Hope this made sense! What do you all think?
My husband and I are getting a divorce, but have not filed for a few reasons. My husband has free legal representation through his employer and he and his attorney want to agree to the terms of the divorce BEFORE filing. I do not have an attorney and can't afford to retain one. A little history...my husband and I separated about a year and a half ago, then reconciled after about 2 months. Since that time, we have kept everything pretty financially separate - he has his credit cards, checking account, etc. and I have mine. He has also had a P.O. box since that time, so I haven't had any access to any of the credit card statements, etc., and he shreds everything as fast as he gets it. When we decide this time to divorce, he tells me that in the last year and a half, he has accumulated approximately $100,000 of credit card debt. I had no idea. Part of the "proposal" that he and his attorney have come up with is that he will take responsibility for this $100,000 and pay off that debt (and I will be responsible for mine), he will file for divorce, but won't start making child support payments until the month after we close on the house. The market is horrible right now. We barely have anyone coming through the house to see it, let alone any offers, so this could go on for a long time. The main reason he doesn't want me to file for divorce is that he is in over his head with the mortgage, etc, and he can't afford to pay child support (which will be approximately $1100 a month.) and doesn't want to file bankruptcy or let the house go into foreclosure and ruin his credit. He makes approximately 70% of our total income, I make 30%. My question is: if I do not sign the "proposal", file for divorce myself, will a judge assign me to 50% of that $100,000 debt? Is there a chance that a judge would assign it based on our incomes?
I'm sure some of you are reading this and asking yourselves why wouldn't I just agree to the proposal? Of course, there's more to the story! I have an Order of Protection against my husband and we are obviously not allowed to be in the same house and are only to communicate by text messaging or email per the judge. My husband travels a lot, and is home 3 nights a week. On those 3 nights, I have been staying with friends until recently. Now I am renting a room in a house. This is going on 3 months now, and I just want some stability before I lose my mind. I want to rent a house for my children and I, but financially (without child support) that is going to be very hard to do. I am basically living out of my car and going crazy! Is it worth the chance to file myself and hope that the judge does not give me 50% of the debt (that I'll never be able to pay)? Or should I just suck it up and agree to the "proposal"? Hope this made sense! What do you all think?
