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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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Last Fall I filed for divorce after discovering my husband

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Last Fall I filed for divorce after discovering my husband has been in a now-4-year-long relationship with another woman. We'd been married 20 years but apparently I didn't know him. In December, for reasons I still don't follow, he cut me out of our health & car insurance policies & then cut off my access to all our joint assets. Because I was diagnosed with a rare neurological condition -also last fall- I had cut my workload in half for spring semester. Long & short is that between last December & now I've gone $40,000 in debt & my credit rating is too low to qualify me for a debt consolidation loan. I can't pay my bills because I'm so broke & I can't borrow because I'm too deeply in debt. I've tried everything/everyplace suggested to me but I can't get any relief. I had to move out of our house because my husband refused to do so. It's been a nightmare. Basically I'm paying (literally) for his affair. Suffice to say, he earns 4 times what I earn. My lawyer is doing what he can on the legal end of things but I'm learning just how slowly the wheels of justice turn.
I'm drowning. Can you help?

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

You may want to consider Chapter 7 here.The beauty of solo Chapter 7 is that the ex gets stuck with all mutual debts and you are off of them after discharge.I would strongly consider this, you can file pro se without a lawyer.

Chapter 7 forms

http://www.uscourts.gov/forms/bankruptcy-forms

Here’s a list of the forms most people need when they file for Chapter 7 bankruptcy. Some of these, however, may not apply to your case. For example, if you are not requested a filing fee waiver, you won’t need to fill out Form B 3BA Application for Waiver of Chapter 7 Filing Fee.

B 101 Voluntary Petition for Individuals Filing for Bankruptcy

B 101A Initial Statement About an Eviction Judgment Against You (only if you have eviction judgment against you)

B 101B Statement About Payment of an Eviction Judgment Against You (only if you have eviction judgment against you)

    B 106 Summary of Your Assets and Liabilities and Certain Statistical Information

    B 106A/B Schedule A/B: Property

    B 106C Schedule C: The Property You Claim as Exempt

    B 106D Schedule D: Creditors Who Hold Claims Secured by Property

    B 106E/F Schedule E/F: Creditors Who Have Unsecured Claims

    B 106G Schedule G:Executory Contracts and Unexpired Leases

    B 106H Schedule H: Your Codebtors

    B 106I Schedule I: Your Income

    B 106J Schedule J: Your Expenses

    B 106J-2 Schedule J-2: Expenses for Separate Household of Debtor 2

    B 107 Your Statement of Financial Affairs for individuals Filing Bankruptcy

    B 108 Statement of Intention for Individuals Filing Under Chapter 7

    B 121 Your Statement About Your Social Security Numbers

    B 122A-1 Chapter 7 Statement of Current Monthly Income

    B 122A-1 Supp Statement of Exemption from Presumption of Abuse (only if you qualify for an exception to the means test)

    B 122A-2 Chapter 7 Means Test Calculation (only if your income is above the state median income)

    The fee to file for Chapter 7 bankruptcy is currently $335. If you cannot afford to pay this fee up front or in installments, you might qualify for a waiver of the fee. Along with your other bankruptcy forms, you will have to complete and file an Application to Have the Chapter 7 Filing Fee Waived (Form 103B).

    I appreciate the chance to help you tonight.Thanks again.

    You can also discharge any debt to your lawyer from the divorce, you may want to try and complete divorce and then Chapter 7.

    I appreciate the chance to help you tonight.Thanks.

    If you can positive rate 5 stars it is much appreciated.

    Customer: replied 30 days ago.
    I have no mutual debts now, and without one major credit card, I can do very little (I don't have a car & now, with my credit card maxed out I can't rent one). Everything that was in both our names is now in his. My debts are mine, in part because he refused years ago to get joint bank accounts. He saved money by cutting me off the insurance policies & off access to a third account he allowed me to use for household & child care needs (I have one daughter). There must be something I can do besides sink into bankruptcy because of his vindictiveness.

    Well Chapter 7 would wipe your off and allow you to start fresh here.Buying a new car is a good idea because you can then discharge the debt.

    Your lawyer may be able to get you spousal support here and fair division of assets.Lawyer can force a sale of house here and you get your share.

    Customer: replied 30 days ago.
    I'm getting spousal support (as of August 1st) but it's nowhere near enough even with my income. I had to rent a place & get some basic furniture for it. I have to pay car & health insurance & am taking care of my daughter but don't yet get child support. It's unreal. Who on earth would let me buy a car with this kind of money issue?

    Well you don't tell them you are going to file Chapter 7 but it will give you transportation and you ditch the note.

    Sorry you gave me a negative rating what followup do you have here,thanks.

    Customer: replied 29 days ago.
    You're fine. I thought I'd made it clear that bankruptcy isn't an option. I was upset

    So make sure your lawyer is fighting for you here in the divorce.Spousal and child support should give you income here.You can also seek to be awarded the house or he pay you rent.You have rights here in the divorce to get both monthly income and a fair division of assets including retirement.

    I truly wish you the best here.I am so sorry that you are having to deal with all of this.It can be quite overwhelming.If you can positive rate it is always much appreciated.Thanks again.

    Ray and other Legal Specialists are ready to help you