Getting a divorce so I can file chapter 7

[gcorrell]

I see no way of getting out from under a load of debt (in my name only) other than by getting a divorce, although we don't want to divorce and will remain married in spirit.

What are some pitfalls I should be aware of?

Thank-you

[keepmine]

Why do you need to divorce to file bk?

[TheBajan]

I also don't understand why you think you need to get divorced to file. Please fill in some details so we can help.

[AngelinaCat]

Welcome to the forum, but I also don't see why you need to divorce. A BK is very stressful, and the two of you will need each other for moral support. Even if you 'divorce in paper, but remain married in spirit' there WILL be a wedge driven between that will hurt.

I speak from experience. My dear 'Hub and I love each other very much. But for nine years we were being harassed by a cyber-stalker/cyber-bully. One of his weapons was frivolous serial lawsuits. During one of these, when only 'Hub's name was on the lawsuit, and not mine, one of the tactics suggested by one of our attorneys at the time to to try and protect our assets--was for us to divorce. We didn't want to, and thought it stupid advice, but the attorney insisted, so we agreed. I had to be to one to file the papers, as my name was then in the clear. The Enemy learned of this and 'hee-hawed' all over the known internet universe, that he had won and split us up.

After about a month of this, and before the divorce was final, I called the courthouse and rescinded the paperwork. And I could barely talk I was crying so hard.

As close as 'Hub and I were--and thankfully, now are again--it DID drive a wedge between us that took several years to heal. It is a matter of trust and faith that had been broken when we agreed to this tactic and I signed the papers--even though it was supposed to be a 'fake' divorce.

I recommend putting this notion OUT of your mind, and working through this together.

Good wishes to you both~~

[frogger]

What are some pitfalls I should be aware of?

Getting divorced......

[sofarsogood2]

If debt is only in your name, then only you need to file. Wife/hubby does not have to be included in BK- she/he is not the debtor and is not responsible for the debt.

No divorce needed!