My ex-husband & I filed for divorce 12/2004, am I able to file for bankruptcy on my own now?

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My ex-husband & I filed for divorce 12/2004, am I able to file for bankruptcy on my own now?

WE filed for medical reasons in 2004. We got divorced this past year, and he took everything and left me with lots of credit card debt. Our car got repoed & he is allowing the home to go into foreclosure. I was an at home mom, got a job, then got laid off. Now I am in school & still haven’t found a job. I am a single mother of 4, and I do not know what to do.

Asked on May 9, 2009 under Bankruptcy Law, Idaho

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

You need to talk to a bankruptcy attorney.  When you see her or him, you should bring along whatever paperwork you have from the 2004 bankruptcy.

I would also suggest that you talk to your divorce lawyer, or find a new one.  In almost every state, a divorce judgment can be changed later on, if there are changed circumstances, and this is especially true when there are children involved.  You may be able to get more child support, and maybe alimony as well although this tends to be more difficult.  If your ex-husband is not doing what the existing judgment says, you can also ask to have the judgment enforced.

You can find lawyers in different practice areas in a number of places, and one of those is our website, http://attorneypages.com


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.

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