Divorce while in Ch. 13?

[brtb]

Hi,

My husband and I are 7 months into our joint Ch. 13 plan. He has told me he wants a divorce. What happens if you divorce while in Ch. 13? I would like to stay in the house. Mortgage payments are current and we're paying the mortgage outside of the Ch. 13. He also makes twice as much money as I do. Figures..... Any advice would be greatly appreciated.

Thanks!

[lrprn]

When divorce and bankruptcy mix, the best way to proceed and what to expect often depends on the state you live in and any existing case law or precedents related to divorce, bankruptcy, and/or both in combination that have already been decided by the judge in your local court or your bankruptcy court district.

You need to contact your lawyer immediately (like tomorrow!) if you haven't already to let him/her know about the pending divorce, discuss your options, and talk through what's possible to do and not do in this sad situation.

I'm sorry to hear your marriage is ending during an already difficult time because of the bankruptcy. Hang in there and please keep coming back for support whenever you need it. We're here for you.

[steveok]

My wife and I divorced about 1 1/2 years into a Ch. 13. We was able to "agree" on who paid what amounts. They adjusted our payroll withholdings and we are still moving forward in the C13. We did surrender the house during the divorce where neither of us could afford it alone.

[oicu812]

after the BK we dont fight about money anymore just all the other things.i swear if she nags me about cutting the grass one more time....

[brtb]

Hi there,

I just need to vent a little about my original post. He still wants the divorce. However, he is unemployed and we have NO money at all. We live paycheck-to-paycheck. I'm slowly starting now to put away some money for myself. He has access to my checking account (where my direct deposit goes) and wipes me out every chance he gets. I've since opened an individual checking account. I can't even afford to consult an attorney. We have a first and HELOC on our house. I don't even know what to do besides starting to save what little money I can.

Any advice would be helpful.

Thanks!

[lorelei]

Look for an attorney that gives a free first consultation.

Do you have sympathetic family members? When I finally chucked it in with my marriage after my ex sponged off me for years, my parents were so grateful they helped foot the legal bill. Maybe someone in your family might feel the same?

[vicmost]

brtb if your in a chpt 13 and you didn't file pro se then you should consult the attorney you already hired. You might have options like converting to a chapter 7..etc..

[brtb]

Thanks for all of the advice. We're really trying to work things out. I think it's just the stress of it all....