what happens if you seperate?

[helpsoneeded]

We retained an attorney for a chapter 13. We were going to basically just live together for the next 5 years because we know we could never pay back a 13 otherwise. Well I cant take it anymore and I am going to try to find someone to rent to me with my now bad credit. I do know if I leave, we both would have to file seperate and we would both be able to file a 7, but how long do we have to be seperated or divorced before we could do that? This is something that should of been done a long time ago. I'm n NY state. Thanks

[AngelinaCat]

You might want to go ahead and get the divorce out of the way now, so that you can settle the matter of whose debts are whose before you file for BK.

Sorry to hear this news, but you have my best for hopin everything turns out okay.

[helpsoneeded]

I think in Ny, you have to be seperated for a year before you can get a divorce. Thats what i am worried about. Even though we retained an attorney, can we wait another year without paying anything and not get sued?

[AngelinaCat]

We had retained our attorney in Aug. 2006. We didn't file (for various reasons) until Dec. 28, 2007. We started being sued in September or October 2007. One was American General, and the other was for a surrendered vehicle that 'Hub had foolishly co-signed for. We panicked and filed. We actually should have waited. Even if we had had a couple of judgments, it would have taken them time and trouble to try to collect anything.

[AngelinaCatHub]

Google your County website, they are bound to have info on divorce. As far as a year without a suit, I doubt that very much. I shed two small claims suits in the knick of time. If you both seperate could get a 7, why both together cannot? Debt versus income would be the same except by 1/2. 'Hub

[helpsoneeded]

I dont make very much money and if he has to pay child support for 2 kids, he would never be able to do that. He would keep the house, there is no way i could pay for it, so just with the house, car, taxes and the child support, he is in the negative. With me getting child support, i still would fall below the means by alot. I think its best to get out now instead of wasting another 5 years. What a mess!!!!

[AngelinaCat]

I dont make very much money and if he has to pay child support for 2 kids, he would never be able to do that. He would keep the house, there is no way i could pay for it, so just with the house, car, taxes and the child support, he is in the negative. With me getting child support, i still would fall below the means by alot. I think its best to get out now instead of wasting another 5 years. What a mess!!!!

I really don't how you could possibly last another 5 years at all. Now, I am thinking it would be best to file jointly for a 7 NOW, and get that behind you both. Then if you seperate, you both will have a new, fresh start.

My best~~~

[helpsoneeded]

With are income together living together, we wont quailfy for a 7. We have retained an attorney and we do have to go 13. If we get on with our lives now and seperate once and for all we would then quailfy for the 7. Does anyone know if i have to be legally seperated for a year before i actually file, or is there no actual time frame?

[Reddrocket07]

all you have to do is file a separation. Take it to your attorney, she or he can file you under legally separated. You could then file a 7, be sure to include all debts, even ones you think she would take...that way they cant come back on you if she files and you were the co-signer, etc.

[busbis]

My husband and I were in a 13 that recently converted to a 7. We have our 341 on 9/2. He moved out and now has his own living expenses. We asked the atty if we should go ahead and file for divorce then file for 7 seperately, but he said there was no need. He in fact advised us not to divorce until after the 7 is discharged. We make around $150K together and were in a 100% plan, but since he has moved out either one can barely make pay the bills and I don't even get child support for 3 kids. Our state doesn't have legal seperation and we can't even afford the divorce right now. We will see what happens at our 341, but our atty doesn't think there will be any problems.

[Flamingo]

With are income together living together, we wont quailfy for a 7. We have retained an attorney and we do have to go 13. If we get on with our lives now and seperate once and for all we would then quailfy for the 7. Does anyone know if i have to be legally seperated for a year before i actually file, or is there no actual time frame?

Helpsoneeded - I am assuming the attorney you retained is for your bankruptcy. If this attorney handles domestic relations, he/she can advise you on that situation and tell you what needs to be done. Have you spoken with him/her yet about your situation? Otherwise, what you need to do is get your domestic situation straightened out as to property and who is responsible for what to get a handle on your situation. Ask your BK attorney for a domestic relations lawyer referral if he/she himself cannot handle it or has no one else in their firm that can help you.

Also, your state divorce/separation laws should be easily available online. Have you done a search of your State website for some information?

Best of luck to you and believe it or not you will get it straightened out...You have a double whammy of divorce/bankrtupcy which is way more complicatred than the average BK so get competent legal advice to pull you through.