I have a terrible, basically non-existant relationship with my father. He mentally abused me for about 8 or 9 years until I basically cut things off with him (when I went off to college). The other day he physically abused me for the first time, at my grandfather's birthday party in front of everyone. I don't want answers such as "just cut him out of your life" "your an adult, just don't talk to him." I know all that, I've already ignored his emails and will not answer the phone if he ever calls and I will avoid future family parties if I know he is going to be there. I miss everyone else but its just not worth it. The reason I want to be legally separated from him is because I know that he has a LOT of debt and when he is gone I don't want anyone chasing after me for the money. I don't want to have to deal with his mistakes when they have nothing to do with me. If there is some secret cash when he dies, I don't want it, I want nothing of his, debt or cash or otherwise.
2007-07-23 09:43:50 · 11 answers · asked by Darlin 1 in Family & Relationships ➔ Family
Ok maybe "divorce is the wrong word" obviously I'm not married to him...but it gets the point accross. I just want to be rid of any finacial responsibility that might take place on his part. And to my knowledge emancipation is only for minors.
2007-07-23 09:49:02 · update #1
also my parents have been divorced and i am the oldest child...so who else would any debt collectors go after?
2007-07-23 09:51:00 · update #2
Ok, first of all, before you drive yourself crazy, check with probate court. I worked in Probate in PA, and I can tell you that since you are his child and not his wife, you will not necessarily be hit with his debt. If he has ANY assets whatsoever, all of his debt will be taken out of the assets BEFORE any kind of inheritance is dished out. So if there's a house, a car, or anything like that, it'll be paid for out of his assets. The house will go to sale, and whatever is made off it will pay off his mortgage and whatever else is owed. Cars will be sold off, any kind of stuff in teh house will go to auction. If you're worried about credit card debt and stuff like that, I do believe that credit card companies will write most of that stuff off. If you have not signed any kind of commitment on his behalf, they can not go after you to reconcile his death. Double check with your probate court, but if I were you, I wouldn't be so worried about those details. If he physically abused you, you have the right to go to the police and request a PFA. At least that will make it illegal to be near you. Other than that, I have never heard of any kind of legal dis-ownment of a parent. Sorry. Hope I've helped ease the credit worry.
2007-07-23 09:57:22 · answer #1 · answered by maishabrend1977 2 · 0⤊ 0⤋
You are an adult, you are not legally bound in any way to your father unless you enter into some sort of contractual relationship with him (co-signing a loan, living in his home, etc...)
When he dies it will be up to his estate to take care of debts. In other words, other than items he specifically calls out in his will to go to particular individuals, the creditors git first crack at the remainder of loot and what is left over gets divied up by the executor of the estate.
Creditors, will, of course, try to tell you that you are responsible for his debts in an attempt to intimidate you into paying. However, this is all bluster and bluff. You didn't incur the debt and you are not responsible.
My wife had a similar problem when her mother passed away and left some rather hefty bills.
2007-07-23 09:52:18 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You are of legal age, the only thing you can do is get a restraining order or a peace order against him. You can not get emancipated, that is only for minors.
Check with your local courthouse about obtaining a peace order or restraining order. You will also want to have as many family members as you can to write a statement on your behalf or show up to the court hearing. You might also want to consider going to the police station and filing a report, so that they have it on file for future reference.
You don't have to worry about anyone chasing after you for his debts after his death, unless you are the executor of his will. His estate would be responsible for settling his debts, not you.
You should also consider changing your email address and phone numbers. You do not deserve to be treated like that and I do not blame you for feeling the way you do.
Best of luck!
2007-07-23 09:54:57 · answer #3 · answered by endo_chic 5 · 0⤊ 0⤋
Over than cutting him out of any will you might have, there is no formal way to "divorce" a father, because you are over the age of 18 and are no longer under his custody. You are free to avoid him with no legal consequences.
As for his debts, as long as you are not a co-signer or joint tenant in the accounts underlying the debts, you are not liable for them merely because he donated sperm for your creation.
2007-07-23 09:48:19 · answer #4 · answered by Anonymous · 0⤊ 0⤋
File charges & get a restraining order. I don't think it's legal to go after someone's kid for debt when they die, just the husband or wife.
2007-07-23 09:48:56 · answer #5 · answered by lyobov 3 · 0⤊ 0⤋
..not unless you married him.
otherwise it's called emancipation, and yes you can.
well, actually. technically since you're over 18 you're legally independent. so you don't have to have any more to do with him than you want..
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debt collectors will sell off his assets to try and regain as much as they can. don't worry, they won't come after you..
2007-07-23 09:46:30 · answer #6 · answered by BrightEyes 5 · 0⤊ 0⤋
If he physically abused you, see the police and a lawyer. Do not worry about the debt. no one will chase you for it (divorced or not)
Divorce will not stop him from calling you, or change his behavior. Don't waste your time.
2007-07-23 09:51:26 · answer #7 · answered by jimanddottaylor 7 · 0⤊ 0⤋
A child is not responsible for any of their parents debts, unless the child co-signed for the parent or shares the debt with the parent (ie. they purchased a car or house together). Otherwise, you are off the hook and just need to cut him out of your life. You are not your father's keeper.
2007-07-23 09:52:59 · answer #8 · answered by butrcupps 6 · 0⤊ 0⤋
i dont know if theres a way to like, "divorce" him as you put it. but you could get a restraining order thats all i can really think of. especially if he has physically abused you then he wont be able to get within a certain distance of you...ex 500 feet. and i dont think they call call or contact you either and if they do you can call the cops [if you absolutely have to].
2007-07-23 09:51:07 · answer #9 · answered by kristen♥ 3 · 0⤊ 0⤋
his debt will not transfer to you when he dies. since you are already an adult, there is nothing that you can do to "divorce" your father. don't have anything to do with him. it's that simple.
2007-07-23 09:47:57 · answer #10 · answered by redpeach_mi 7 · 0⤊ 0⤋