Some more questions regarding Chapter 7, Divorce, Moving Out and New Job

[DirkDiggler]

I know I probably sound like a broken record with all my questions, but my wife and I are planning on filing Ch 7 on Dec. 1 (coming up soon! YAY!) But we're also going to be divorcing soon (not really her idea, but oh well). Here's some history:

I quit my job in July due to my hours being cut and being that the job was a 45 minute drive, basically I would be earning the fuel bill and paying for child care. But it also helped with the 6 month look back for the means test.

NOW, since I'm needing a job and income to get an apartment so we can separate, I'm wondering if once we file, is it safe to look for a job? Is everything a "look back" from the date of filing? Or could a potential new job move us to Ch 13 land?

Lets say that we are forced to a Ch 13, could I then file separately from my wife since I would qualify for a Ch 7 no problem and let her deal with a Ch 13? HAHA I know its mean.....but I gotta look out for #1, ya know?? LOL

Thanks for any insight We have an attorney picked out, but I'm planning on meeting with some more early next week and asking these same questions....but if anyone has any ideas, I'd love to hear them!

[mountanddo]

Wow, you sound like my ex who couldn't of cared less that he pushed me into a Chapter 7 after talking me into taking out several personal loans for our business. He then promptly divorced me when the business failed and walked away unscathed. I'm sure he lives with it fine. I'm sure you will as well.

[newbie2]

When you and your wife sit down and talk with an attorney make sure you run both scenarios by the attorney and your wife. Looking out for yourself is fine, but you also have someone else in the equation. Be fair and above all else, please be honest.

[IamOld]

Also you MAY find that some attys may not take you both on as a joint client when you utter the words "divorce."

[mountanddo]

You also mention child care. Is your soon to be ex-wife going to be taking care of these children? Are they yours? Do you really want to put her in a position where she may be struggling to make ends meet? Take a look at the big picture before you only look out for #1 (which by the way should be your children)

[IamOld]

And not to sound...sappy, but is this because of the financial issues..........

[DirkDiggler]

Wow, you sound like my ex who couldn't of cared less that he pushed me into a Chapter 7 after talking me into taking out several personal loans for our business. He then promptly divorced me when the business failed and walked away unscathed. I'm sure he lives with it fine. I'm sure you will as well.

Actually its too long of a story to get into, not to mention this isn't a "relationship" forum, so I'll skip all the nasty details and just say that 80% of the credit card debt is in my name, and the house and cars are in both our names so no, I wouldn't be walking away unscathed....thanks for the concern though

When you and your wife sit down and talk with an attorney make sure you run both scenarios by the attorney and your wife. Looking out for yourself is fine, but you also have someone else in the equation. Be fair and above all else, please be honest.

I totally agree I don't want to "screw" her over, however I'd like to be able to start moving out and getting on with my life, as being at home just isn't healthy (emotionally, not physically) and the sooner I can get out, the better.

Also you MAY find that some attys may not take you both on as a joint client when you utter the words "divorce."

Ahh good point, I am going to be setting some Free Consults with some more attorney's this week, I'll see what they say about this...

You also mention child care. Is your soon to be ex-wife going to be taking care of these children? Are they yours? Do you really want to put her in a position where she may be struggling to make ends meet? Take a look at the big picture before you only look out for #1 (which by the way should be your children)

She will NOT be struggling....she makes very good money and her income is really the reason we are so close to a Ch. 13. I will not be seeking spousal support, I will be paying child support and I will be seeking an equitable visitation schedule....I am looking out for my son, as I do not want him to see his dad being unhappy and living in a marriage when he isn't happy. Again, thats for another forum

And not to sound...sappy, but is this because of the financial issues..........

Sadly, the financial issues played a big role, but there are other issues as well. Being that we have no assets, and would be getting a clean fresh start financially, just made me think that we could have a complete "fresh start" and go our separate ways.....