Looks like DH and I are divorcing...

[Brookamy]

Well, our marriage is over. I'm actually relieved. It needed to happen. I was planning on filing jointly but now it looks like I will be single. I'm thinking it would be better to wait until the divorce is final before I file? Or can I just inform the trustee that he is no longer living in the home and is not providing any money financially. If I can just use my income, I will be below the means and should be a simple, no asset case.

[AngelinaCat]

Hi Brookamy: I am sorry to read of this, but if it is a relief for you, then that is good. You will truly be making a new start.

I can't really advise one way or the other about when to file, though it seems to me it would be better to get the divorce out of the way first, so that any division of property, debts, etc. can be settled first. That's just my thought. I am sure those who have actually been in your predicament can better advise.

My best~~~~

[WoodSprite]

Well, our marriage is over. I'm actually relieved. It needed to happen. I was planning on filing jointly but now it looks like I will be single. I'm thinking it would be better to wait until the divorce is final before I file? Or can I just inform the trustee that he is no longer living in the home and is not providing any money financially. If I can just use my income, I will be below the means and should be a simple, no asset case.

So sorry to hear your sad news, Brookamy, but it sounds as if you're in a relatively good place about it, and as AngelinaCat says, this will certainly be a new start for you. I can't remember if you've said whether or not you're using an attorney, but this is definitely a question for him or her. It would seem to me that they're looking BACK six months from the date of filing, so it would be in your best interest to wait until you have been living without his income for six months. Of course, if you have joint accounts, and he needs to file too...I don't know. Make your lawyer earn his keep!

All the best to you...

[AngelinaCatHub]

I have mixed emotions of your news. I agree with ‘sprite. Do you have children, or asking alimony? This could be better for your bk. I assume this has long been coming and you sound relieved in the decision. ‘Hub

[PoorGrammyinBK7]

Maybe I am confusing you with someone else, Brookamy, but I thought you had said you just got married not long ago. Is this happening because of the stress of the impending bankruptcy? At any rate, I truly hope it all works out for the best for you - whatever that is.

[Frogge]

Hi Brookamy,
My friend went through the same thing a couple years ago, she actually went to the BK lawyer and his father (same firm) was a divorce lawyer so she talked about both issues at the consultation (I was with her for support). She went through the divorce first, the house was sold and the debt (including a short sale deficiency) was divided between them. Then she filed by herself. She was actually over the median but her expenses passed the means - she has no kids.

Hope that helps and I wish you luck.

[Brookamy]

We did just get married...on May 31st. I think I knew then it was a mistake. Some stuff has happened that I'm not going to deal with. We haven't combined anything...no checking accounts, no debt, no kids together, no vehicles. I had bought my house before I met him. We have nothing but a marriage certificate from Jamaica to show that we are married. He moved his stuff out of the house. The house is mine and I plan on keeping through the chapter 7. He barely provided any money to the household for the short time we were married. There won't be any alimony or child support.

I'm hoping to be able to file the divorce papers soon.... I just want to be able to proceed with the BK too....

[chloe0724]

Since you don't have any papers from the US, could you have the marriage nullified?

[southernbelle]

I'm sorry to hear the news but as others have said, if it's something you want, I'm glad to hear you will really have a new beginning and a Fresh Start.

Good Luck.