Please help….

[Abcde0987]

Hello everyone. First time poster on this forum. My situation: 

50k cc debt, all my own

I don't live in a community state property but used to

married, but plan to divorce in a few years (several reasons for this) and go back to my home country

no income or money, besides some online sales or some gig delivery apps

No joint accounts, everything in spouse's name alone

all cc are charged off, 2 companies are suing me

I would like to file for bk but spouse will not cooperate and will absolutely not give w2's, bank statements, loans/cc paperwork (I never had access to them).

What should I do?

[kilroy8]

Don't know why you need to wait to divorce, but to come clean of things you need to file for divorce and bankruptcy right now. Judges and attorneys will take care of getting what is needed from ex-spouse.

[Abcde0987]

What do you mean by "Judges and attorneys will take care of getting what is needed from ex-spouse." ?

I need to wait to divorce because 1) spouse will be gone to work overseas for at least one year in a few months 2) one kid with cardiac medical care and spouse never took care of it on his own 3) kids need to finish high school (3 years) 4) I will be eligible for part of his retirement in 1 year.

[FireMedic1]

Welcome @Abcde0987 

Your in a complicated situation that an attorney will have to address. Were not lawyers. Just regular folks whowent thru BK. Thats never came up here I that I know of. Best bet is contact a BK lawyer. They give free consultations. Go from there. Not blowing you off. Marriage, divorce, citizen, non-citizen, house, ect. Little more than a individual whos filing Chapt 7 and has questions. Best of luck and let us know what the lawyer says for future reference if this comes up again. Dont want to give you inaccurate advise.

[SUPERSQUID]

I am not a lawyer but know a few laws concerning divorce depending on what state you presently reside in. You didnt mention how long you are married. if you are married more than 10 years and are his first wife you have the option at retirement age to collect a pct of his social security benefit. from ages 62 to 66yo 35 pct, and over 66yo 50 pct. As far as pensions go, if you are his first wife you are entitled to a pro rated amount of his pension for the years you were together in an equal distribution state.

If your children are under 21 he may be liable for child support for each depending on your state if he is the sole provider.

You may be able to sue him for alimony. ymmv

[Creditrecipe]

Lawyers are usually very little money to zero cost to run over your case and give you a projection on what the outcome will be.

[Guyatthebeach]

Abcde0987,

Welcome to the forum. I'm not a lawyer, but I strongly recommend you talk to a lawyer regarding your situation. It's complicated but a good attorney can get you through this. If the $50,000 in credit card debt is yours and the other debts are only in your name, you should be able to file chapter 7 on your own. Now if your husband's wages are over the acceptable tolerance of the means test, you may have to file chapter 13.  Again I'm not an lawyer, I'm not familiar with your circumstances, but I do see a path out of this debt.

First thing, I would do is pull your CR and see exactly what is reporting to your CR. If creditors are coming after you for your husband's debts that you did not joint sign for, a lawyer or financial counselor  can get you out of that. Once you have seen your CR, I'd start looking for a lawyer and start saving for the retainer fee. 

You will find some excellent resources on this forum. 

Hang in there. Things will get better. 

Guyatthebeach

[Abcde0987]

I will talk to a lawyer and let you know

[Abcde0987]

Good information that I will keep in the back of my mind... I am not that old yet

[Abcde0987]

I will talk to one