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PostPosted: January 2nd, 2005, 1:46 pm 
Okay, hi everyone, I am new here. I have been struggling with something and was wondering if anyone here could possibly help me out.

I have been separated from my husband for a little over a month now. It seems as though things are going to be relatively amicable, the problem is he hasn't gotten any wheels turning yet on the BR or the divorce. I am itching to take things into my own hands and do them on my own, but due to the fact that I moved out of state I am unable too.

Anyway, my question is this : is there a way to file a ch 7 and a divorce at the same time? I am anxious to get the divorce done as quickly as possible, and he recently lost his job and had some friends living with him so the BR is very important as well so he doesn't lose the house. The only assets/debt that were joint were 2 cars(one of them will be returned) and a credit card. Any advice you could give would be greatly appreciated!!!

Oh - If it's relevant, the state is Ohio.


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PostPosted: January 2nd, 2005, 9:12 pm 
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Joined: December 15th, 2004, 7:47 pm
Posts: 17
Location: California
Hi there,

You can't file them together, if that's what you mean, because the state court is going to have jurisdiction over your divorce and the federal bankruptcy court will have jurisdiction over the bankruptcy. You can file either or both from where you are living now (Ohio), assuming you meet the residency requirements. For example, to file for divorce in California, I think you have to have lived in the state for six months and in the county in which you file for three months, or something along those lines. So, you should first check out the residency requirements for your county court and for the bankruptcy court and then you can time them so they are filed together. I had to do something similar many years ago. My ex-husband was dragging his feet, quit his job and took off to another state to "find himself" while I raised our three small children. I had all of our creditors hounding me and was barely making enough to keep a roof over our heads and food on the table at the time. I initiated the bankruptcy first and gave him the option of helping me pay for it and joining in, so that it was a joint bankruptcy. Otherwise, the bankruptcy court would have wiped the slate clean for me and creditors would have still been able to go after him. I then filed for the divorce in my county, which was not where he was or where we'd been married. It's based on where the filing party lives. If your estranged husband is being cooperative, perhaps you can suggest that you go ahead and file everything from where you are and he can join in the bankruptcy and work with you to make sure things run smoothly. I hope this helps.

Oh, and if you haven't lived there long enough, maybe you could kind of orchestrate things from where you are and file where your husband is living. In other words, you could hire someone to do the divorce and bankruptcy, list your husband as the petitioning party, since he will meet the residency requirements, and just walk everything through and make sure it gets done.


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