QUESTION

Should I file for chapter 7 since we have separate households and never lived together and share no income or bills?

Asked on Aug 01st, 2013 on Bankruptcy - Florida
More details to this question:
We recently got married but we are not living together and never have. We are not getting along and considering counseling, however, we have also considered a simple dissolution of marriage. We looked at the requirements here in Florida for the simple dissolution and we meet them all. Besides our relationship issues, my question is that I want to file for bankruptcy chp7 but I want to file alone and not have to include his income. We do not share any bank accounts, we don't share any type of income, we don't have any mortgages together or any types of bills, or children. Though recently married, we have and have always had separate households- he supports himself and I live my parents and help support them. What steps should I take? Should I file for chapter 7 since we have separate households and never lived together and share no income or bills? Or will the court not accept my request to file alone for chapter 7 without his income since we are recently married? Should we go about with our divorce plans first even though we would have liked to try counseling at some point? We should have tried counseling first as we have always had relationship problems, but canceling a marriage seemed to difficult with all the family involved. Now I realize being married and separated is so much harder. What should I do? Or what should we do? Any time periods to consider? Thank you.
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1 ANSWER

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You can file a bankruptcy alone, you do not need to include him, you never lived together. Chapter 7 is available to you if you make under the median income of the state for your household, and it appears that if your parents are basically dependents, you could make probably around $55,000 per year and still file chapter 7. Consult with a local bankruptcy attorney. A reasonable fee is around $1500 and the filing fee is $306, plus you have to take a class before you file and a class after you file, and the cost of that is around $50.
Answered on Aug 01st, 2013 at 6:00 PM

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