My Husband and I have been seperated now for 4 months we are in the process of a divorce. However I cant file yet due to not having the funds. He has already filed and served me with the the paper wotk....We did not own any property together so there is nothing really that we needed to split. What I do need to know is we have a few auto reposessions and a load of cedit card debt to be paid.. The totally is around $50,000 I'd like to know should we file for Bankrupt to clear it all and start all over? Or should I just stick with trying to pay things off one at a time.? We have conslidated the credit debt, but the repos have really messed up our credit bad.. Mine is very poor now. Any suggestions and advice is appreciated. Thank you.
2006-12-27 10:32:08 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
it took me 3 years to clean up the financial mess from my first marriage and it was a lot of hard hard hard work...BUT i learned a lot and now i am financially secure because of the lessons learned.
do NOT hide from the ppl you owe money to...make the call to them before they have their money sniffing dogs come after you...you will find the ppl YOU call will be a lot more willing to work with you than the ppl who call you...it is there job to get the money now...
trust me take the time to it is the right way...even if you can only afford to pay $5 a month to everyone it will keep them from turning you into collections...
chin up, things will get better!!!
2006-12-27 10:37:20 · answer #1 · answered by never2pink 3 · 1⤊ 0⤋
He has already served you with the paperwork. For now the ball is in his court. You can find help to file your paperwork for divorce through a nonprofit law facility. Look in the phone book. If that does not help bring it up when you go to court. The judge will probably split the bills down the middle. But in the eyes of the people you owe the money to it is both of your bills. If he does not pay you are still responsible for his and your part. File for bankruptcy after you have been divorced. Your credit is already messed up this is not going to hurt it that much more. The fact of the matter is you are never going to get it paid off not even one at a time. Been there and done that.
2006-12-27 18:45:35 · answer #2 · answered by a 1 · 0⤊ 1⤋
you should be able to get a lawyer pro bono (free) like from legal aid or community legal. Second, you can request that the debt be split between the two of you otherwise, with his filing first, he could stick you with all of the debt that the two of you acrued together.
Bankruptcy is not always the answer. Believe me, with the new rules that have been put forth regarding bankruptcy; filing for it has stiffer penalties for doing so. Nowadays, you can't file just to get out of debt. Having a clean slate comes with a price these days.
Seriously, look into getting yourself a free lawyer to help you with this stuff.
Also, don't miss your court date - if you have one. Because at that time you can request that he pay for half the debts. You could also request alimony until you can get on your feet.
Good luck to you. Divorce can be liberating but it's never easy.
2006-12-27 18:52:35 · answer #3 · answered by NyteWing 5 · 0⤊ 0⤋
If he's already filed then you don't need to file. IF he filed on his own (without an attorney) then you and he need to come up with a marriage settlement to take to the judge. If you have a lawyer or legal aid, they will help you.
This settlement agreement would include an agreed division of property - how you and your spouse agree to divide things. If you don't do that then the judge will divide for you or he will say you each take over your own debt. I would start making a list of account/debts and decide which are more yours and more his so you and decide who pays what. I know it's hard when you are divorcing, but it has to be done so why not make it equitable on semi-friendly terms.
2006-12-27 18:43:57 · answer #4 · answered by pinniethewooh 6 · 0⤊ 0⤋
well- this one is a atough one but- if you go to court for the divorce- you shold bring this up to the judge and unfortunately you will have to pay for half of what is owed and so is he. The bills will be split up 50/50. SInce you were married and i bet most of the stuff is under his name, your name and both your names the smart way to do it is to pay half. I've seen judges tell people that they have to do this. The only thing you need to do is talk to your lawyer about this and ask him what he thinks. HE will most likely tell you that the judge will order to make you both pay for half of what is owed or you can fight what's under your name and what isn't. Either way- you are a couple so what own or owe is both you & your husband's responsibility. Don't file for bankrupcy just yet.
2006-12-27 18:41:36 · answer #5 · answered by Cheesy Stuff 3 · 0⤊ 0⤋
You definetly shouldn't file for bankruptcy at all. It could ruin your chances of ever having a house, car, credit card, etc. You should get some legal advice, and try planning on splitting the bills you 2 had together. You guys should go half and half since you both were husband/wife. As far as the car goes, you should turn it in... and get another one for yourself. I hope this advice helps.
2006-12-27 18:38:14 · answer #6 · answered by CUTIE 4 · 1⤊ 0⤋
I feel you both should file BK in order to get these debts off your back. It's the right thing to do, and why should you have this burden on your shoulders alone. He needs to be a man and step up to bat.
2006-12-27 18:37:18 · answer #7 · answered by GreenIce10 3 · 1⤊ 0⤋
Only one person has to file for the divorce..
Tell him that as part of the divorce, he keeps all the debt...
He can't just divorce you and decide on his own what to do with all
the debts and assets...
2006-12-27 18:49:48 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I think i would file bankruptcy your credit is bad already at least this way you can get a fresh start.Good Luck
2006-12-27 18:55:14 · answer #9 · answered by P.Bunyun 2 · 0⤊ 0⤋
well when you get divorced each has to pay half...you can call the credit cards and they will split what you owe and so will the repos
2006-12-27 18:36:34 · answer #10 · answered by Anonymous · 1⤊ 0⤋