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Can I file for Divorce while I have a Personal Bankruptcy going through? Separated for a year now, live in different states.
Anonymous12 views3 answers
I have been separated from my ex for a year. Moved out in Aug 2014 and left the state. I filed for personal Bankruptcy here in Nevada, but don't want to wait for 4 months to file for divorce to have that take another 90 days. There is NOTHING to separate divorce wise, and soon to be ex husband is very wealthy so I am not worried about any debt that may accumulate if that is a factor in not being able to file for divorce now.
I am looking to hire an attorney to fill out papers but it should be very simple- with nothing being separated.
The glitch is my address is unknown to him, there was domestic violence issues that exist today, and I do not want him to know where I am. I will fly back for divorce hearing if needed. We would file in Washington.
You are not going to be able to file in Nevada as you are not a resident of this state. You should address this question to attorneys who are licensed to practice in Washington.
First, if you have been in NV 6 consecutive weeks, and it sounds like you have been, then you are a NV resident and could file here. Second, you do not indicate whether or not he would be cooperating in the process or if the matter is contested. Third, no matter where you file and whether or not contested, you are going to need an address that can be disclosed publically and used by the court to reach you if necessary. So use a friend or relative who is reliable, or get a Post Office or personal mail box. To add an extra layer of protection to that, use a lawyer for the divorce process.
Did you disclose information about your wealthy spouse to the bankruptcy court? 'Cause if you didn't, you may now be estopped from claiming that anything he owns is yours to take under community property laws. And you may be charged with bankruptcy fraud, which is a very serious criminal offense. Just google 'real housewife's bankruptcy" for a lot more about this. Hope this perspective helps!
