Question:
Do my spouse and I file for divorce or bankruptcy first?
?
2010-09-09 16:32:59 UTC
I am a 54 year old woman with a Masters Degree in Education. I am currently unemployed but AM going to begin looking this week, for anything. My spouse makes around 100K a year. We are also about 100K in debt. We have depleted all of the saving and all but 80K in his retirement. We own a home that needs repairs before being sold. The marriage has deteriorated due to lack of support from my spouse in pursuing a resolution to our situation. However, we did have a free visit with a bankruptcy attorney.

We would qualify, but would have to pay back 100% over 5 year's. The monthly payments would leave us with very little money for all other expenses for a family of 4. In a North Carolina divorce, are the marital debt's always split 50/50?

I don't know where to begin finding someone to give me advice I can afford. All I want is to resolve this situation in the best way possible so that my children (16 1/2 and 21, both living at home and going to school) and I can move forward with a hopeful and productive future. I realize that the only hope I have is to do this on my own.
Seven answers:
?
2010-09-09 16:42:03 UTC
Both spouses are responsible for 100% of the debt. A divorce court might divide the debt 50/50, but your creditors will not be party to your divorce. They can still go after either spouse for the full amount of the debt. Since your husband's income is more than yours, chances are that the creditors will come after him first. If you wait until after the divorce, you may qualify for chapter 7 (depending on your income).

Your retirement income is safe from creditors.



Good luck
2016-04-13 06:23:36 UTC
Speaking as a loan officer, the answer is yes but only if you two still have joint debt debt such as credit cards, vehicles, etc. Other than that you are not responsible for his bankruptcy. Please understand that if you had joint debt during your marriage and the divorce decree stated which ones you were responsible for and the ones he was responsible, the decree means NOTHING in the financial world. My recommendation would be to check your credit report to find out rather or not any joint debt the 2 of you had while married has been paid and closed or your name was removed from his debt and his name was removed from your debt. If they are pay them make sure you close them. If they aren't try to get them refinanced to have your name removed from his debt and his name removed from your debt. Something your lawyer should have told you to do in the divorce. Otherwise if you do not have any joint debt. His bankruptcy will have no effect on you.
crb
2010-09-13 07:32:56 UTC
Speak with a different bankruptcy attorney yourself, without your husband there. You may qualify for Chapter 7 on your own, but since you went together the attorney had to evaluate you as a couple. A different attorney can evaluate your situation on your own.



Nearly all consumer bankruptcy attorneys offer free consultations. Take advantage of this to meet with one and get advice based on all of the details of your particular situation.
2010-09-09 16:36:54 UTC
Get your own lawyer an fast.There is no such thing as a nice fair divorce.
Lawyer X
2010-09-09 16:39:07 UTC
Do NOT rely on legal advice you get on a website like this one, except for this advice: Talk to a lawyer.
2010-09-09 16:43:21 UTC
http://divorcesupport.about.com/od/statedivorcelaws/a/NCarolina_Laws.htm
?
2010-09-12 07:09:59 UTC
King James Version Bible





Luke Chapter 16



18. Whosoever putteth away his wife, and marrieth another, committeth adultery: and whosoever marrieth her that is put away from [her] husband committeth adultery.





1 Corinthians Chapter 7



3. Let the husband render unto the wife due benevolence: and likewise also the wife unto the husband.



15. But if the unbelieving depart, let him depart. A brother or a sister is not under bondage in such [cases]: but God hath called us to peace.



11. But and if she depart, let her remain unmarried, or be reconciled to [her] husband: and let not the husband put away [his] wife.



39. The wife is bound by the law as long as her husband liveth; but if her husband be dead, she is at liberty to be married to whom she will; only in the Lord.





Mark Chapter 10



4. And they said, Moses suffered to write a bill of divorcement, and to put [her] away.



5. And Jesus answered and said unto them, For the hardness of your heart he wrote you this precept.



6. But from the beginning of the creation God made them male and female.



7. For this cause shall a man leave his father and mother, and cleave to his wife;



8. And they twain shall be one flesh: so then they are no more twain, but one flesh.



9. What therefore God hath joined together, let not man put asunder.



10. And in the house his disciples asked him again of the same [matter].



11. And he saith unto them, Whosoever shall put away his wife, and marry another, committeth adultery against her.



12. And if a woman shall put away her husband, and be married to another, she committeth adultery.





1 Corinthians Chapter 7



10. And unto the married I command, [yet] not I, but the Lord, Let not the wife depart from [her] husband:



11. But and if she depart, let her remain unmarried, or be reconciled to [her] husband: and let not the husband put away [his] wife.



12. But to the rest speak I, not the Lord: If any brother hath a wife that believeth not, and she be pleased to dwell with him, let him not put her away.



13. And the woman which hath an husband that believeth not, and if he be pleased to dwell with her, let her not leave him.



14. For the unbelieving husband is sanctified by the wife, and the unbelieving wife is sanctified by the husband: else were your children unclean; but now are they holy.



15. But if the unbelieving depart, let him depart. A brother or a sister is not under bondage in such [cases]: but God hath called us to peace.





Romans Chapter 7



2. For the woman which hath an husband is bound by the law to [her] husband so long as he liveth; but if the husband be dead, she is loosed from the law of [her] husband.



3. So then if, while [her] husband liveth, she be married to another man, she shall be called an adulteress: but if her husband be dead, she is free from that law; so that she is no adulteress, though she be married to another man.





Matthew Chapter 5



31. It hath been said, Whosoever shall put away his wife, let him give her a writing of divorcement:



32. But I say unto you, That whosoever shall put away his wife, saving for the cause of fornication, causeth her to commit adultery: and whosoever shall marry her that is divorced committeth adultery.





Galatians Chapter 5



19. Now the works of the flesh are manifest, which are [these]; Adultery, fornication, uncleanness, lasciviousness,



20. Idolatry, witchcraft, hatred, variance, emulations, wrath, strife, seditions, heresies,



21. Envyings, murders, drunkenness, revellings, and such like: of the which I tell you before, as I have also told [you] in time past, that they which do such things shall not inherit the kingdom of God.





Revelation Chapter 21



8. But the fearful, and unbelieving, and the abominable, and murderers, and whoremongers, and sorcerers, and idolaters, and all liars, shall have their part in the lake which burneth with fire and brimstone: which is the second death.





Matthew Chapter 13



41. The Son of man shall send forth his angels, and they shall gather out of his kingdom all things that offend, and them which do iniquity;



42. And shall cast them into a furnace of fire: there shall be wailing and gnashing of teeth.





Revelation Chapter 20



14. And death and hell were cast into the lake of fire. This is the second death.



15. And whosoever was not found written in the book of life was cast into the lake of fire.





1 John Chapter 4



11. Beloved, if God so loved us, we ought also to love one another.





1 Thessalonians Chapter 4



8. He therefore that despiseth, despiseth not man, but God, who hath also given unto us his holy Spirit.



9. But as touching brotherly love ye need not that I write unto you: for ye yourselves are taught of God to love one another.





1 Peter Chapter 4



12. Beloved, think it not strange concerning the fiery trial which is to try you, as though some strange thing happened unto you:



13. But rejoice, inasmuch as ye are partakers of Christ's sufferings; that, when his glory shall be revealed, ye may be glad also with exceeding joy.





Proverbs Chapter 31



10. Who can find a virtuous woman? for her price [is] far above rubies.



26. She openeth her mouth with wisdom; and in her tongue [is] the law of kindness.





Romans Chapter 12



9. [Let] love be without dissimulation. Abhor that which is evil; cleave to that which is good.





Luke Chapter 6



27. But I say unto you which hear, love your enemies, do good to them which hate you,



28. Bless them that curse you, and pray for them which despitefully use you.



35. But love ye your enemies, and do good, and lend, hoping for nothing again; and your reward shall be great, and ye shall be the children of the Highest: for he is kind unto the unthankful and [to] the evil.



36. Be ye therefore merciful, as your Father also is merciful.



37. Judge not, and ye shall not be judged: condemn not, and ye shall not be condemned: forgive, and ye shall be forgiven:





Ecclesiastes Chapter 12



13. Let us hear the conclusion of the whole matter: Fear God, and keep his commandments: for this [is] the whole [duty] of man.





Matthew Chapter 22



37. Jesus said unto him, Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind.



38. This is the first and great commandment.



39. And the second [is] like unto it, Thou shalt love thy neighbour as thyself.





John Chapter 10



23. And Jesus walked in the temple in Solomon's porch.



30. I and [my] Father are one.





John Chapter 14



15. If ye love me, keep my commandments.





Matthew Chapter 28



20. Teaching them to observe all things whatsoever I have commanded you: and, lo, I am with you always, [even] unto the end of the world. Amen.







[Say these prayers 3x a day to yourself to the with the entire family in the King James Version Bible.]



[Also speak with multiple Christian pastors about your problems.]



[Also speak with family members, whom are only supportive in your marriage.]



[Also print everything I had typed and give it to your family.]



[The devil loves the breaking of family. Don't give that raging psychopath what he wants.]



[The entire family should read scriptures to each other every day of the week and pray with absolute faith. Grace be unto you and your family Willow Grace.]







2 Samuel Chapter 22



3. The God of my rock; in him will I trust: [he is] my shield, and the horn of my salvation, my high tower, and my refuge, my saviour; thou savest me from violence.



31. [As for] God, his way [is] perfect; the word of the LORD [is] tried: he [is] a buckler to all them that trust in him.





Luke Chapter 11



2. And he said unto them, When ye pray, say, Our Father which art in heaven, Hallowed be thy name. Thy kingdom come. Thy will be done, as in heaven, so in earth.



3. Give us day by day our daily bread.



4. And forgive us our sins; for we also forgive every one that is indebted to us. And lead us not into temptation; but deliver us from evil.





John Chapter 14



1. Let not your heart be troubled: ye believe in God, believe also in me.



2. In my Father's house are many mansions: if [it were] not [so], I would have told you. I go to prepare a place for you.



3. And if I go and prepare a place for you, I will come again, and receive you unto myself; that where I am, [there] ye may be also.



4. And whither I go ye know, and the way ye know.


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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