What is the name of your state (only U.S. law)? TN
I want to separate from my husband. I planned on divorcing in 2008 but I stayed and things got worse to where we can't even be in the same room together without cussing one another, throwing things and getting physical. So, I want to know if I can legally do what I want to do before I go to a lawyer and look stupid for wasting his time. We don't want to actually divorce because we both have expensive medical problems, we don't want to get re married and we have a kid, so we wanted to remain married for insurance coverage and social security benefits. We don't want to pay for a legal separation because we probably won't actually divorce when it's over, and I see it as a waste of money to pay for that.
I have gotten a new job, I moved in with my mother which is about 50 miles from the home I shared with my husband. I have my own bank account and I pay all of my bills such as car, cell phone, etc plus I pay for the internet bill and part of the water bill at my mother's house. My son lives with me during the week because my husband works and has to be away from the home, and he's too young to be home alone at night. My husband doesn't give me any money to support me, I make about 30 grand per year, and we both have the same amount of education in the same degree field..so I don't feel like I'm needing help to get on my own. He does give me money if I ask for the kid, and it's spent strictly ON my child. It's usually fifty dollars here or there. We actually make the same amount of money, hourly, but he's a veteran and gets some from that. But that covers a mortgage so in the end...we get the same amount of disposable cash.
So....I have some credit cards I defaulted on and are now charged off. We tried for a chapter 7 bankruptcy because we have a lot of debt together...and we weren't allowed to file a 7 because they said we had 600.00 per month disposable income left over. But that income was my husbands income...not mine. My car payment takes up almost one whole paycheck and I get paid bi weekly. Is it legal for us to separate without getting "legally" separated if we maintain separate households? Can we still insure each other on health insurance if we don't live together? And can I take a bankruptcy without my husbands income being considered if I'm living separately from him but still legally married? Or will I have to get a legal separation? I can prove he's not helping me at all...and that I live where I live now. I also can't do a car loan cram down until another 1.5 years pass and my debt is substancial. The credit card companies want a lump sum pay off...not monthly...and I owe about 4 grand to each company even with a 50% reduction for paying off early.
I'm not being taken advantage of. My husband could give me some "child support" but I don't see the need. I WANT to take care of my own finances and all the bills....and he has no problem giving me any of the money I ask for for our child. If I needed 500.00 he'd give it to me, no questions asked. But I don't want regular payments. And as it is right now, he can see his child any time, because we just don't get along....but he's not a bad person. He can see them on the weekend or when school isn't in or if he wants to drive down to see them one afternoon...I'm fine with that. So I see no need for a lengthy divorce.
Thanks.
I want to separate from my husband. I planned on divorcing in 2008 but I stayed and things got worse to where we can't even be in the same room together without cussing one another, throwing things and getting physical. So, I want to know if I can legally do what I want to do before I go to a lawyer and look stupid for wasting his time. We don't want to actually divorce because we both have expensive medical problems, we don't want to get re married and we have a kid, so we wanted to remain married for insurance coverage and social security benefits. We don't want to pay for a legal separation because we probably won't actually divorce when it's over, and I see it as a waste of money to pay for that.
I have gotten a new job, I moved in with my mother which is about 50 miles from the home I shared with my husband. I have my own bank account and I pay all of my bills such as car, cell phone, etc plus I pay for the internet bill and part of the water bill at my mother's house. My son lives with me during the week because my husband works and has to be away from the home, and he's too young to be home alone at night. My husband doesn't give me any money to support me, I make about 30 grand per year, and we both have the same amount of education in the same degree field..so I don't feel like I'm needing help to get on my own. He does give me money if I ask for the kid, and it's spent strictly ON my child. It's usually fifty dollars here or there. We actually make the same amount of money, hourly, but he's a veteran and gets some from that. But that covers a mortgage so in the end...we get the same amount of disposable cash.
So....I have some credit cards I defaulted on and are now charged off. We tried for a chapter 7 bankruptcy because we have a lot of debt together...and we weren't allowed to file a 7 because they said we had 600.00 per month disposable income left over. But that income was my husbands income...not mine. My car payment takes up almost one whole paycheck and I get paid bi weekly. Is it legal for us to separate without getting "legally" separated if we maintain separate households? Can we still insure each other on health insurance if we don't live together? And can I take a bankruptcy without my husbands income being considered if I'm living separately from him but still legally married? Or will I have to get a legal separation? I can prove he's not helping me at all...and that I live where I live now. I also can't do a car loan cram down until another 1.5 years pass and my debt is substancial. The credit card companies want a lump sum pay off...not monthly...and I owe about 4 grand to each company even with a 50% reduction for paying off early.
I'm not being taken advantage of. My husband could give me some "child support" but I don't see the need. I WANT to take care of my own finances and all the bills....and he has no problem giving me any of the money I ask for for our child. If I needed 500.00 he'd give it to me, no questions asked. But I don't want regular payments. And as it is right now, he can see his child any time, because we just don't get along....but he's not a bad person. He can see them on the weekend or when school isn't in or if he wants to drive down to see them one afternoon...I'm fine with that. So I see no need for a lengthy divorce.
Thanks.
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