What is the name of your state (only U.S. law)? AZ
Here is the situation. Had been hoping wife and I could be amicable about everything but those efforts failed. She went behind me and filed for divorce on her own and the papers I was just served with have her demanding that I assume all debts between us (appx 22K), she cllaim both both minor children on tax, $750/mo child support and $350/mo spousal support for 5.5 years. My major concerns are:
1. Intially, we had determined that a joint bankruptcy would be best for us. Now apparently, she is under the assumption that she can get away with throwing all debts on me(which I wouldn't think would fly in court assuming it ends up getting there). If I were to do a bankruptcy now, would I still be accountable for the debts thru court order on her behalf or would the bankruptcy protection supercede that? If i did this, I think she'd either eventually file bankruptcy herself or have her father pay the debts. I am assuming it would be a couple years before this divorce matter would even make it to court and the debts would be resolved one way or another before divorce proceedings were completed.
2. Am I really accountable for spousal support? According to the papers, the rationale behind it is that 1. I can afford to do so and 2. she contributed to my education. Both of these issues are false. If I pay everything that she is wanting, I'll have to get a second full-time job in order to do so. As for education, the VA paid tuition in compensation for a service-connected disability. I acually had a living expense stipend along with it in which she shared proceeds from as well as I was also working full time during education. She has been and is working now and makes roughly $5K less than I. $350/mo for 5.5 years sounds outrageous to me.
There are many other concerns, but these two are my major ones. I am sure I will have no choice but seek legal representation if she can not come to her senses. In the meantime, any advice as to these 2 issues would be greatly appreciated.
Here is the situation. Had been hoping wife and I could be amicable about everything but those efforts failed. She went behind me and filed for divorce on her own and the papers I was just served with have her demanding that I assume all debts between us (appx 22K), she cllaim both both minor children on tax, $750/mo child support and $350/mo spousal support for 5.5 years. My major concerns are:
1. Intially, we had determined that a joint bankruptcy would be best for us. Now apparently, she is under the assumption that she can get away with throwing all debts on me(which I wouldn't think would fly in court assuming it ends up getting there). If I were to do a bankruptcy now, would I still be accountable for the debts thru court order on her behalf or would the bankruptcy protection supercede that? If i did this, I think she'd either eventually file bankruptcy herself or have her father pay the debts. I am assuming it would be a couple years before this divorce matter would even make it to court and the debts would be resolved one way or another before divorce proceedings were completed.
2. Am I really accountable for spousal support? According to the papers, the rationale behind it is that 1. I can afford to do so and 2. she contributed to my education. Both of these issues are false. If I pay everything that she is wanting, I'll have to get a second full-time job in order to do so. As for education, the VA paid tuition in compensation for a service-connected disability. I acually had a living expense stipend along with it in which she shared proceeds from as well as I was also working full time during education. She has been and is working now and makes roughly $5K less than I. $350/mo for 5.5 years sounds outrageous to me.
There are many other concerns, but these two are my major ones. I am sure I will have no choice but seek legal representation if she can not come to her senses. In the meantime, any advice as to these 2 issues would be greatly appreciated.