Heres the short:
One married couple; father cited for domestic violence;twice
Mother has a separate house besides the house she's living in; she's a landlord. She bought the house when the two separated; but when they got back together, the house become "ours" instead of "hers".
Father as spent every drop of money on his failing business; has lost his proper licenses for the state of NV; had a lend put on the Mother's other house. So she's in the hole just has deep has him.
She wants to get a divorce, he saids he would sign it, but torn it half a refuses to.
As for kids....
15yo Female - wants to be with mom considering dad treats her bad also.
(2) 12yo (twins) - Male wants to go w/ mom; Female can't decide
5yo Male- Verbally saids he wants to go with mom.
How can she get full custody easily with his history?
How can she get her name out of HIS debt?
Bottom line; Wife wants out, without HIS name; with the kids, with support, HOW?
2007-08-03 02:53:19 · 3 answers · asked by ~Diz Iz Why Im Hot~ 1 in Politics & Government ➔ Law & Ethics
As your were advised above, getting very good divorce attorney in you State is a good start. There is no easy or simple way out.
Divorces and custody situations are never simple. Many go on for years and sometimes until the children become of legal age.
If she signed as a co-signer on his debt, there is no way out of that...no bank or financeer is going to let her off the hook for debt. You can try filing for bankruptcy; however, bankruptcy laws have changed greatly in the past few years and that may not even absolve you of the debt, and even it if it did, it will effect your credit for at least the next 10 years.
2007-08-03 03:17:00 · answer #1 · answered by bottleblondemama 7 · 1⤊ 0⤋
This why people talk to a lawyer when they get seperated to be ready if things go bad. If you get a legal seperation any debts incurred by either party become theirs alone.
Without that any property purchased or debt incurred belongs to both even if living apart...... as they are still married. The house did not suddenly become "ours" when they got back together.
All of this will depend on you wants what and who is willing to do what. Who has resources to care for children and such. Obviously someone cited for domestic violence is going to have a hard time gaining custody.
A lawyer can sort this all out. Hopefully both parties can be smart and agree on what is good for everybody before sinking further into debt with a protracted legal battle. I'm not sure but it may turn out that it is better to declare bankruptcy jointly rathar than seperatly. Hopefully everybody is an adult. If the husband declares bankruptcy after divorce this may impact on the amount of child support he pays.
Except for the 15 year old who says where they would rather live is irrevalent. Either way it really isn't time to be discussing this with the kids.
2007-08-03 11:56:50 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
By retaining a divorce lawyer.
2007-08-03 09:57:14 · answer #3 · answered by Anonymous · 1⤊ 0⤋