QUESTION

What should I do if we haven’t filed for divorce?

Asked on Nov 05th, 2013 on Divorce - New York
More details to this question:
My husband and I are both military members we been married 8 years he just recently forwarded his mail and told me he found a new place and he will no longer help me pay the rent or household bills here. We have 3 kids together and I can't afford the payments on my own. He offered to only pay daycare and after school care for the kids, that adds up to about 1300 dollars. I noticed that he had taken out several loans and increase credit card limit will I be responsible for the debt he is building? Also his vehicle is in my name could I request that he place it in his name. I am also preparing to deploy for 6 months in February, so I needless to say I am very stressed. What will be the smart option for me?
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9 ANSWERS

William M Stoddard
Get yourself into a dissolution filing. Tell any creditors that you are in? a divorce if asked about his debts. He may only owe $1.300. You need to run the numbers to confirm or figure out what he owes. Obviously you may have to downsize your expenses. This is unfair. But he has the right to change his status, but must support his children. I sounds like both of your are working, so he probably does not owe maintenance (alimony.) He might have to pay some attorney fees. A temporary order hearing deciding what each of owes during the waiting period will clarify this. Obviously you want him to pay his bills he has been racking up without your knowledge. YOU need either a consulting attorney who will help you get the paperwork done and explain more than I can her or need to get an attorney. A consulting attorney does not represent you, you represent yourself, but at least you get solid answers and get told what to do exactly and how to present you case to the court commissioner.
Answered on Nov 26th, 2013 at 9:19 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Talk to your base's Legal Assistance attorney ASAP. You may need a private attorney but the LA JAGC is a good place to start.
Answered on Nov 08th, 2013 at 11:50 AM

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Suzanne H. Lombardi
The smart option for you is to file for divorce. You are responsible for debt accrued during the marriage so you want to file as soon as possible before he racks up anymore debt. My understanding of the military is that he will be responsible for payments to you for child support. You can also ask the court in your paperwork to be the primary custodian and that you be given the children while you deploy. Your best bet is to get to an attorney quickly and file for divorce.
Answered on Nov 08th, 2013 at 11:49 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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File for a divorce immediately and let a divorce court sort it out. Keep your commanding officer informed. His actions could reflect negatively on his career in the military.
Answered on Nov 08th, 2013 at 11:49 AM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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From what you have stated, if you are in Florida or claim residency in Florida, you really need to consult with an attorney and possibly file for divorce. You may also want to talk with his commander if he is refusing to assist you and the children financially.
Answered on Nov 08th, 2013 at 11:49 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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The smart option is to file for divorce as soon as possible. In Idaho, half those debts are yours until you get divorced. It may be different in other states. So, once the divorce happens, he will probably be responsible for ? of day care, medical bills, etc but will have to pay child support. Of course, if you are deployed, he will have the children and you may have to pay child support for that time period. It is complicated, but with a little planning, I believe all of the issues can be addressed.
Answered on Nov 08th, 2013 at 11:48 AM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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Your smartest option is to get a lawyer, file for divorce and get temporary orders in place, now. Texas has pretty firm guidelines on child support; your husband doesn't get to make his own rules. Good luck.
Answered on Nov 08th, 2013 at 11:47 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Seek legal counsel, communicate with you husband, reach an agreement or file for divorce and get some orders in place to protect yourself and your children.
Answered on Nov 08th, 2013 at 11:47 AM

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Bruce Provda
You should file for divorce and ask for temporary orders.
Answered on Nov 06th, 2013 at 10:29 PM

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