# BK and Divorce Question



## RaceGirl (Apr 13, 2015)

I'm trying to plan my escape. But, in the mean time, my husband wants to file for BK. Instead of getting another job to pay for the debt, he wants to file. Fine. He doesn't have a decent job, so fine. In the last 13 years, nothing I have said will make him get another job. So, he's not going to. I've accepted that. He will remain a bartender working with alcohol and women. Because you know, the alcohol made him cheat on me for 3 years with 9 other women that I know of. (sarcasm here)

Question, before he becomes an a hole, we both need to file BK. He doesn't know I'm going to divorce him once the BK is filed. 

Question, can I file BK myself and get a divorce at the same time? Or, should I go along with him and the Bk, then leave and file for a divorce??
From experience, I know once we separate he will not cooperate with me.


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## bluezone (Jan 7, 2012)

Hi Racegirl,

I'm sorry you are going through this situation. If he has really cheated on you that many times I would leave too! Good God. I think you should probably make an appointment to see an attorney and run the scenario past them. When I was thinking about divorce, I went to an attorney just to get a heads up on what the scenario would look like if it came to pass. I know it ain't cheap, but your peace of mind is worth it and you would only need one session. JMHO. Or maybe someone else on this board has experience with this. Hang in there.


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## whatslovegottodowithit? (Jan 6, 2013)

I think it would help to know how much joint debt (debt YOU are responsible for & debt that he created that YOU also agreed to pay legally by being on the debt also) and what types. Certain debt (taxes, student loans, child support) won't disappear. Some joint debt, let's say IRS, gets REALLY complicated if only one files...one gets the BK stay while the IRS will go after the non-filer (payment plans, garnishments, levies, and so on.)!

Do you have children? 

As you know, D is a business deal gone bad! I'd check with a D lawyer and see if it's beneficial to file for D 1st. Specifically, if you file for D, could that legally keep him from filing for BK? May need to also figure how support gets paid if you have that concern when someone is in BK.
_Posted via Mobile Device_


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## toonaive (Dec 13, 2012)

I was about to scold you about the alcohol being responsible, then I saw the sarcasm note. If you can, consult with an attorney first before doing either. Stall if you need the time to do this. That kind of information may save you more heartache.


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