Want a divorce but have a bankruptcy w/husband

[juanyyadi91]

What is the name of your state (only U.S. law)? Florida

I found out through cell phone bills that my husband of 20 years is cheating on me and I want a divorce. The only thing he admitted is that he was talking to this woman (yeah, right!). I kicked him out of the house.

We have two minor children and one in college. In April, we entered into a Chapter 13 bankruptcy together which is being paid through his paycheck. We have three vehicles and our second mortgage tied to the bankruptcy. My bankruptcy attorney strongly advised me to try to resolve our situation because the BK court will drop us from the Chapter 13.

Are repeated, lengthy calls on a cell phone bill grounds for divorce by adultery in Florida?

If adultery can be proven, will this affect his visitation rights?

What is the best recourse for me financially at this point?

Thanks!What is the name of your state (only U.S. law)?

 

[nextwife]

Wow. I worked in Real Estate and in default mortgages, and often talked to parties repeatedly and for long periods of time. Male and female. Communicating repeatedly with someone does NOT mean they are having an affair. If you had financial problems, he could have been talking to a collector, loss mitigator, real estate default dept collection coordinator, credit counselor. You want a divorce because he spoke on the phone to a female? That's the whole reason and only?

Insecure are we?

Oh, I talk to hubbies friends on the phone and hubby talks to our female friends on the phone. Repeatedly and for long periods. Big whoop. It means squat.

As to the BK, are you able to continue to make both your post petition direct payments and the plan payments through the trustee if you create two household's? If not, you need to FIRST finish the plan you made, else make reasonable (to the creditors, not to you) modifications to the plan IF the trustee and creditors will agree. YOUR and his creditors are not responsible for your personal life choices and are still entitled to be paid the agreed payments.

Responsibilities to your creditors don't change just because you decide you don't want hubby around anymore. So you now need to figure out how to continue to meet your commitments with the added cost of a second household, mid ch 13.

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida

I found out through cell phone bills that my husband of 20 years is cheating on me and I want a divorce. The only thing he admitted is that he was talking to this woman (yeah, right!). I kicked him out of the house.

We have two minor children and one in college. In April, we entered into a Chapter 13 bankruptcy together which is being paid through his paycheck. We have three vehicles and our second mortgage tied to the bankruptcy. My bankruptcy attorney strongly advised me to try to resolve our situation because the BK court will drop us from the Chapter 13.

Are repeated, lengthy calls on a cell phone bill grounds for divorce by adultery in Florida?

No, I am pretty certain that FL is a no fault state, therefore adultery doesn't matter at all.

If adultery can be proven, will this affect his visitation rights?

No, absolutely not.

What is the best recourse for me financially at this point?

Honestly?, sticking out the marriage until you are done with the Chapter 13. It would be nearly impossible for the two of you to support 2 households while under a Chapter 13 plan. You could easily make things much worse for yourselves.

 

[mistoffolees]

No, I am pretty certain that FL is a no fault state, therefore adultery doesn't matter at all.

It's easy enough to check:
Florida Divorce Source: Grounds for Divorce: Florida
Adultery is not grounds for divorce in FL

{Will adultery affect his visitation rights?} No, absolutely not.

Not entirely true. Adultery CAN be considered in Florida to affect 'moral fitness' which can affect custody and visitation.No Fault Divorce: Does adultery matter in Florida divorce? | divorcenet.com

Now, if the adultery had no impact on the children, then your statement would be correct. But if it impacted the children, it most certainly can be considered.

 

[LdiJ]

It's easy enough to check:
Florida Divorce Source: Grounds for Divorce: Florida
Adultery is not grounds for divorce in FL



Not entirely true. Adultery CAN be considered in Florida to affect 'moral fitness' which can affect custody and visitation.No Fault Divorce: Does adultery matter in Florida divorce? | divorcenet.com

Now, if the adultery had no impact on the children, then your statement would be correct. But if it impacted the children, it most certainly can be considered.

When have you ever seen a party lose visitation rights over having had an adulterous relationship? It perhaps could effect who gets primary custody, but it really would have no impact over visitation...and she was asking about visitation.

Also, just an FYI, divorcesource and divorcenet have both been a round for a very long time, and are both known for containing quite a bit of inaccurate information. They are particularly bad about updating their sites when laws change.

 

[mistoffolees]

When have you ever seen a party lose visitation rights over having had an adulterous relationship? It perhaps could effect who gets primary custody, but it really would have no impact over visitation...and she was asking about visitation.

If it impacts custody, wouldn't that affect visitation?

And you're seriously telling me that you never saw someone get supervised visitation because of their behavior in front of the kids?

I didn't say that it WOULD affect visitation, but it certainly COULD.

 

[LdiJ]

If it impacts custody, wouldn't that affect visitation?

And you're seriously telling me that you never saw someone get supervised visitation because of their behavior in front of the kids?

I didn't say that it WOULD affect visitation, but it certainly COULD.

If someone has monkey sex in front of the children, yes, it could effect visitation. However, if they did that being married to whoever they were doing it with, it could result in supervised visitation, so its not limited to adultery.

Adultery, in an of itself will not impact visitation. Bad behavior while engaging in the adultery could.

 

[nextwife]

At this point, she stated all she has is proof he had phone calls. That, in itself, is not even proof of adultery.

 

[LdiJ]

At this point, she stated all she has is proof he had phone calls. That, in itself, is not even proof of adultery.

Nope, its not.