# Best Course of Action



## username77 (Dec 27, 2017)

I want to divorce my wife at this point, long story, but the marriage is over.

Problem is we have a ton of debt and a large house. If I sold the house I could pay the debt, retain my credit rating, and we split what's left and move on. I know my wife will go for everything, the house, alimony, everything.

In order to pay the 5K retainer for a lawyer and file I would basically need to stop paying credit cards, once I do that my credit is destroyed so I would eventually file bankruptcy and just stop paying everything. 

Should I remain in the house, not file, in hopes my wife will come around and sell? or should I just go scorched Earth and acknowledge that she's not the type to use logic and make this easy, she's going to fight. At the end of the day the house will foreclose anyway, she can't afford it even with what I would need to pay her. But maybe, just maybe she'll see the light and sell and use the equity to get even?

At this point I'm so sick and tired of the day-to-day with her I would do anything to get the process going so I can just have some peace and move on in my life, and I'm considering just opening another bank account, moving my paycheck to it, stop paying all bills, pay a lawyer his retainer and go from there.


----------



## Cooper (Apr 18, 2008)

A lot of lawyers will give a free initial consult, you best start with that. Or even find a legal advise forum to ask questions. 

Personally I think your plan sounds terrible. For instance if she is going to fight for the house you may be able to quick claim over to her and let her worry about the mortgage, maybe you can avoid bankruptcy. Diverting your income during a divorce may be illegal depending where you live, again, you need legal advise. There are laws giving both parties certain rights and you can cause yourself harm legally and financially by arbitrarily trying to deny her those rights.


----------



## WilliamM (Mar 14, 2017)

Scorched earth can be a breath of fresh air. Bankruptcy is no big deal. Companies do it all the time. Many big companies people know and deal with every day, and they do it because they know it is a valuable business tool.


----------



## chillymorn69 (Jun 27, 2016)

See aa lawyer know what your up aginst.

Does she work ? If not start with helping her find employment.


----------



## Nucking Futs (Apr 8, 2013)

Cooper said:


> A lot of lawyers will give a free initial consult, you best start with that. Or even find a legal advise forum to ask questions.
> 
> Personally I think your plan sounds terrible. *For instance if she is going to fight for the house you may be able to quick claim over to her and let her worry about the mortgage, maybe you can avoid bankruptcy. *Diverting your income during a divorce may be illegal depending where you live, again, you need legal advise. There are laws giving both parties certain rights and you can cause yourself harm legally and financially by arbitrarily trying to deny her those rights.


Quit claiming the house doesn't remove you from the mortgage, just the deed. Don't do that.

If she's going after everything she's going to get part of the debt too. Do you have reason to believe that she would cut her own throat to spite you?


----------

