I have been searching this forum for divorce and have not been able to find another thread that addresses my concerns, so I decided to start this thread.
My wife informed me last night that she wants to divorce. We are currently in a confirmed chapter 13 plan. This could be a big problem if she goes thru with filing a divorce, as my income (she does not work) can not support a chapter 13 plan, child support, possible alimony, and expenses for me to live outside the home. I mentioned that if that is what she really wants, then we should convert to a chapter 7 before the divorce. She does not agree.
I have a few questions related to this. If she files for divorce, can I dismiss or convert my 13 without her? If after filing for divorce, but before divorce is final, she changes her mind and agrees that we should convert our case, can we still do this jointly?
I believe that we would both qualify for a chapter 7 on our own after a divorce, but to me it would be much easier and less expensive to do it beforehand.
Any comments are appreciated.
My wife informed me last night that she wants to divorce. We are currently in a confirmed chapter 13 plan. This could be a big problem if she goes thru with filing a divorce, as my income (she does not work) can not support a chapter 13 plan, child support, possible alimony, and expenses for me to live outside the home. I mentioned that if that is what she really wants, then we should convert to a chapter 7 before the divorce. She does not agree.
I have a few questions related to this. If she files for divorce, can I dismiss or convert my 13 without her? If after filing for divorce, but before divorce is final, she changes her mind and agrees that we should convert our case, can we still do this jointly?
I believe that we would both qualify for a chapter 7 on our own after a divorce, but to me it would be much easier and less expensive to do it beforehand.
Any comments are appreciated.