Expert: Terry Leeders - 12/13/2008

Question
I live in Texas and owe $80,000 in Credit Card debt on three cards (Chase & BOA). My annual income is $28,000 and my wife's annual is $130,000. We have No joint Financial accounts and since I created this debt, I would like to file Chpt 7 but can't pass the means test due to "Household Income" exceeding the minimum. The debt is all due to my ignorance in spending not hers as I feel she shouldn't be responsible for my mistakes.
Question: We are considering Divorcing so I can qualify for Chpt 7. Have others done this before?

Answer
You should speak with your lawyer regarding the options available.  You should not divorce solely to pass the means test calculation.  Divorce liability would remain and might defeat the whole purpose of filing.  The court could object based on the totality of the situation as well if they are feeling that you divorced solely to pass the test.