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Generally speaking, when one spouse files for bankruptcy, the non-filing spouse should not be effected by this because they are only filing as to their individual debts. They are still obligated to the joint debts they share with you. Additionally, if you are in the process of a divorce the fact that one has filed for bankruptcy does not extinguish his duties to pay the divorce settlement, child support, alimony, etc.
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In Canada is a divorce considered illegal if a spouse filing for divorce gives false information in order to obtain the divorce?
How do I find hidden money my spouse put in a annuity or trust?
How would one spouse divorce the other spouse if they don't know where that spouse currently lives?
You will be required by the court to publish a notice of the divorce filing in the paper. For more information you should visit your local family court.
If your husband's boat was gifted to spouse for one dollar 3 years before he filed bankruptcy can the courts take it?
yes, if filing chapter 7 no, if filing chapter 13
Can you divorce your spouse without the signing and do you have to go to court?
You need to file a divorce in your state court. Only a court decree can legally dissolve a marriage in the US. You will be required to notify your spouse of the filing.
Do chapter 7 bankruptcy relieves you of a mortgage in a divorce but the spouse stills lives in the home?
Filing for Chapter 7 bankruptcy will discharge your personal obligation to pay the mortgage, but it does not remove the lien on the property. Therefore, the mortgage lender can still foreclose on the home if the mortgage payments are not made. In a divorce, the issue of who is responsible for the mortgage payments would typically be addressed in the divorce settlement or court order.
once i file my divorce papers with the courts, how long do i have to serve him until the filing is expired?
You should wait for 60 days after Filing for divorce and you and your Spouse should ask the court to finalize a divorce.This time will begins on the day you file your divorce petition with the court.
Can a CA resident get a divorce in another state?
Yes. I am not sure from your question whether you, a CA resident, would be filing for divorce in another state or whether your ex-spouse is filing for divorce in another state. Either way, divorces filed in other state are valid so long as they comport with the divorce laws of that particular state. One of the main requirements in most jurisdictions is a residency requirement, so that the person seeking divorce must be a legal resident of the state before he or she can obtain a divorce there. Put differently, you or your ex-spouse (whichever one is filing for the divorce) must be a resident of the state they are filing for the divorce in. However, this requirement is sometimes quite short, as low as six weeks.
If you are about to get married and you are filing Chapter 7 bankruptcy will this bankruptcy affect your spouse in any way after the marriage?
It will only affect the non-filing spouse if the couple apply for some type of joint credit, such as a home mortgage. It will not affect the new spouse's credit report/score.
You are filing for divorce but your spouse an you agree to live together till the divorce is final?
when you file for divorce both you and wife are bound to live separately until you both get divorce from the Court. If you and spouse wants to live together and apply divorce the law will not grant divorce to you both as you are willing to live together and the question of divorce does not arise get divorce under any grounds both the parties must live separately.
Can you exclude your spouse when filing a Chapter 7?
Yes, but do you want to. If your spouse is signed with you on any loan or credit card and he/she doesn't file for banruptcy, he/she will now be responsible for the debt.
How do you go about filing for divorce by publication to your spouse who lives in Jordan but you do not know his current address you know his former address?
the country jordan?
If there is an appeal pending on divorce is the divorce final?
No. The appeal is the answer from your spouse for your filing for divorce. A divorce in CA takes 6 months for a basic no fault divorce and with no other problems. Since CA is a community property state you need to settle all the assests in the marriage. Your divorce isn't final until you get the final signed court papers.
