Do NOT want to file with STBEX

[TTATWORK]

I have been seperated from my husband for nearly 3 years. Neither of us has made any move to file for divorce, although we split with the intention of divorcing. At the time of the split, it was obvious that we would both have to eventually file BK. We live in a community property state (WA). I have not spoken to him in 2 years.

I recently recieved a garnishment of my wages, and am having to scramble to file BK 7. My attorney advised me that it would be better for me in the eventual divorce to file with my spouse. I really don't want to. I expect the divorce to be amicable. All of our marital debt should be dischargable.

I've read many posts/opinions about BK/divorce in community property states. There does not seem to be any set answers. My attorney did suggest that I include my spouse as a creditor in my BK. He also said that he believes that any marital debt discharged in my BK will also absolve him of the debt, but didn't seem totally sure about it.

The BK is my first priority, although the divorce is becoming more and more important to me. I've heard that most folks either file together (as a seperated couple) or divorce first. Maybe I've OD'd on information, but now I don't know what to think. Is it really possible that in the eventual divorce process, that a judge would still make me responsible for marital debt that was discharged in my own BK?

TIA

[Snax]

I've read that it greatly simplifies the BK process to file together and wait until after discharge before divorcing. It simplifies the divorce since all liabilities and assets must be accounted for.

[DebtEnder]

My understanding is you would be discharged and no longer laible to the creditors.

However he would not be protected by BK and they would come after him in full force for all debt incurred after marriage.

The one thing that gets alot of people is decree's in a divorce that state the other is responsible for paying house, car, etc etc. In these caes even if YOU discharge your debt to the creditor, your "debt" to your former husband would not be gone. He could sue you for the debt the creditor claims from him for something you were ordered to pay in a divorce settlement.

Ie say your both on a car note. You have the car, you send the payment, In divorce it's ruled you take car of this car, you then file bk and decide you don't want the car anymore.

In this case repo man comes takes the car in time. Car lender can't do anything more to you. Car lender goes after ex for amount still due. Ex then sues you for monies he paid to cover your debt per divorce court.

[whipster1]

Since you have been apart so long, I doubt there are any large items in both your names right? I would file BK and let them fend for themselves. However, if they want to file too it will be easier to do it 2 for 1 while you are still legally married.