Will past due bills keep me from obtaining a divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

Will past due bills keep me from obtaining a divorce?

I live on a small fixed income and my wife and I have past due credit card bills. I can’t pay all of them on my income. I have the papers and filing fee but want to know before I pay the fee to file, will these bills keep us from getting a divorce? I don’t want to lose my money. I’m a disabled senior.

Asked on May 23, 2011 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your past due bills have nothing to do with your right to end a marriage by divorce. You may certainly file for divorce, regardless of how much else you know. What those bills will affect will be various economic factors related to the divorce, such as the distribution of assets and debts, the amount of support you would have to pay, etc.

Also, have you considered bankruptcy as an option? Credit card bills are *exactly* the kind of unsecured, nonpriority debt that bankruptcy deals best with. Note that bankruptcy does not affect spousal support obligations, so you can't get out from anything you'd be obligated to pay in the divorce, though you can affect your other debts. You should consult with a bankruptcy attorney to explore this option. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption