Will past due bills keep me from obtaining a divorce?

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Will past due bills keep me from obtaining a divorce?

I live on a small fixed income and my wife and I have past due credit card bills. I can’t pay all of them on my income. I have the papers and filing fee but want to know before I pay the fee to file, will these bills keep us from getting a divorce? I don’t want to lose my money. I’m a disabled senior.

Asked on May 23, 2011 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your past due bills have nothing to do with your right to end a marriage by divorce. You may certainly file for divorce, regardless of how much else you know. What those bills will affect will be various economic factors related to the divorce, such as the distribution of assets and debts, the amount of support you would have to pay, etc.

Also, have you considered bankruptcy as an option? Credit card bills are *exactly* the kind of unsecured, nonpriority debt that bankruptcy deals best with. Note that bankruptcy does not affect spousal support obligations, so you can't get out from anything you'd be obligated to pay in the divorce, though you can affect your other debts. You should consult with a bankruptcy attorney to explore this option. Good luck.


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