QUESTION
Should I file bankruptcy or divorce first?
Asked on May 07th, 2015 on Bankruptcy - Illinois
More details to this question:
My husband is an undocumented alien. We have been separated longer then we were together. Off and on for fourteen years. I was injured on the job. While I wait for SSI to kick in we acquired sets in my name he had no credit. In the meantime, I'm helping him with his case through l&I. We hadn't been living together. He managed to claim me on his percentage of wage twice a month. I helped him gain more than eighty thousand dollars. I did not receive a cent for my help. I would like divorce and some help with the debts. He did not help me financially with his child. I received no child support. If I win the lottery, would he be entitled to half?
4 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Your estranged spouse isn't entitled to your lottery winnings or any other assets or income. ?If you died, he would be entitled to a sizable chunk of your estate. You can file bankruptcy and it will discharge all your debts to him. ?Generally, I advise people to do the divorce first and then the bankruptcy but in your case (because the divorce won't affect any assets) it doesn't make any difference which comes first
Answered on May 13th, 2015 at 12:34 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Didn't you get an answer to this same question last week?
Answered on May 11th, 2015 at 12:25 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Winning the lottery does not seem to be the most immediate problem, although while you are still married and living in a marital property state, he is entitled to one-half the proceeds. The question you ask about which should be done first, comes up very frequently. To some extent it depends on the circumstances. If you both file a bankruptcy jointly, and then begin a divorce, it can make he divorce much much simpler, since there will be little or no debt to dispute about. You are free to file bankruptcy jointly even after you start a divorce so long as it has not yet concluded. Get a good lawyer.
Answered on May 11th, 2015 at 12:14 PM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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There are so many complex issues here that cannot be answered online. You need to call an experienced bankruptcy attorney, and a divorce attorney, right away, to discuss the best way to proceed.
Answered on May 11th, 2015 at 12:12 PM