If I can’t afford divorce, can I file for bankruptcy?
I want to get a divorce, but am in so much debt that I can't pay. Should I file for bankruptcy?
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You definitely have the right to pursue a divorce. Once it is finalized, then you may file for bankruptcy.
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I want to get a divorce, but am in so much debt that I can't pay. Should I file for bankruptcy?
I understand that you're considering filing for bankruptcy due to your debt. Have you discussed your financial situation with a bankruptcy attorney yet?
No
Are there any specific assets or debts related to the divorce that you are concerned about protecting during this process?
I have a lot of personal debt that I can't pay for without the financial assistance of my husband and I was wondering if bankruptcy could help.
Is there anything else the family lawyer should know before I connect you? Rest assured they'll be able to help with your debt and divorce situation.
No
My name is Jessica and I am a licensed attorney that will be assisting you with your question. I am reviewing your question and will be providing a response momentarily. You may receive a prompt for a telephone consultation — this is an additional service, and you may decline the offer. Depending on the issue, some customers prefer a phone consultation to better understand their situation and possible solutions.
I am so sorry you are having issues filing for divorce. Are you concerned about being able to pay the filing fee?
I'm concerned about being able to pay student loans and credit card bills, but also, I doubt I could afford filing fees unless he would pay. I have a full-time job, I just don't make a lot of money.
Ok — you have the right to ask for a filing fee waiver and file for divorce for free.
I live in the state of Georgia. I've heard with assets and debt it's 50/50. Does that mean if I had the debt prior to marriage, he is also responsible for that too? Also, I accrued a lot of credit card debt after we got married. Does that affect him as well? Basically, I can't survive unless I stay with him.
No. Any debt you had before marriage remains your debt.
You do have the right to seek alimony as part of your divorce.
Okay, that would be my student loans and that is manageable. My credit card debt, on the other hand, did not come about until after marriage to him. Would it be in any way possible that he'd get it? We keep our finances separate and pay bills proportionally based on our income. We don't even have a joint bank account. I have nothing in savings.
Was the credit card used for marital needs?
It pretty much was all for me. I have spending issues when I'm going through manic periods.
I am so sorry.
I guess I'm pretty much just screwed. He's driven me to alcoholism and because of stress, I've picked at my thumbnails and destroyed them so much that I have to have what is remaining of each nail removed. I'm not trying to garner sympathy.
I think I'm just trying to find answers I want to hear. He's not physically abusive or anything like that — just mentally and emotionally. I just wonder if I file for bankruptcy that could help my financial situation.
You definitely have the right to pursue a divorce. Once it is finalized, then you may file for bankruptcy.
I just don't know that I'll be screwing myself more if I do file for bankruptcy. And yes, I would do it after the divorce is finalized.
If you cannot afford your debt, then a bankruptcy can help fix that issue.
If for some reason my husband wanted to contest the divorce, and has a lawyer and everything, are there lawyers that work at a discounted rate or something? I'm not saying that he has lots of dirt on me, but I wouldn't put it past him to make me look bad and drag the thing out.
Your ex cannot contest the divorce. He can contest the terms of the divorce, but it will still go through. You may contact your local legal aid office for free assistance.
What do you mean he can't? I thought you were able to do that — I mean, when you're filing.
He cannot stop the divorce from happening. He can only fight the terms of the divorce.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
Thanks for the info.
Thank you.
Jessica B
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