Legally I am still married. I am wondering which of the following options would benefit me more: go for a divorce to have him pay for the debts he has left, or, apply for first for bankruptcy since it should also impact him since we're still married?
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spring
ANSWERS: 4
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apply for bankruptcy
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A bankruptcy wont automatically affect him. In fact, if the debts are in your name, the bankrutcy wont affect him at all.
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Even if you divorce him, the debts may still be in your name. As an amateur student of law, I suggest that you should probably go through with a divorce for your sanity if not your pocketbook. From there, get a lawyer and if you haven't signed any prenuptial agreement, then your alimony should include damages equal to the amount of the debt that he owes and might try to transfer to you. Make sure you have a good lawyer and a logical reasoning for the damages you are claiming, it helps if he's been cheating. If any of the debts really are partly yours, I also suggest you own up to an amount that is reasonable so that you glean the court's sympathy for the rest of the amount. A small concession at the beginning will save you larger headaches later. Note, that it is almost never a good idea to file for bankruptcy if you are an able-bodied potential member of the workforce since our bankruptcy claims system isn't quite the clearest book on the legal shelf. Always seek for refinancing options first and declare bankruptcy only under the consultation of such financial advice.
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Divorce. Filing for a 7 or 13 bankruptcy will effect you for the next five to 10 years, as well as your husband. Bankruptcy is not the way to go. Remember, even though you get a divorce, if he does not pay the remaining debts, then you are responsible, if you live in a 50/50 state.
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