Separate Filings During Divorce

[lodibklaw]

I've got a case where I am not sure what to do.

Client is getting divorced and her soon to be ex is not friendly. In addition he makes most of the $$ so if they filed jointly it would likely disqualify them for a Chapter 7. We are in California and thus all operate under CCP 703 and 704.

Now as I read the 703 waiver, if both spouses agree then they are both entitled to use the 703(b) exemptions. But I've normally been in a case where only one spouse was filing. So I wanted input on whether both could file cases at more or less the same time and both use the 703(b) exemptions.

Also I wonder about the possible issue of the court seeing this as some sort of abuse. My client makes very little so she has no problem qualifying for Ch 7 but he makes a lot more.

So I wonder about the court either consolidating the cases and/or considering it abuse to get him into the Ch 7. The attorney representing her soon to be ex is one I've seen before and I have concerns about his ethics.

Should we wait to file or are we ok ?

[starr4law]

Would it be easier to file them together with declarations of separate households and adjust the CMI to account for two households? I am not familiar with CA "rules" but that's what I would do in my districts . . .

[lodibklaw]

Would it be easier to file them together with declarations of separate households and adjust the CMI to account for two households? I am not familiar with CA "rules" but that's what I would do in my districts . . .

It would be easier for them to file together but he is not willing to do so.

The issue is at least in part his income is much higher than hers. I am also concerned because his lawyer is somewhat shady.

I don't want to file and then have my client or I get in trouble since it could be seen as playing the system by filing two petitions.