AboutDan Bachert Expertise I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.
Organizations Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
I have been married for more than 30 years. For five years, I lived here in Palm Beach Florida while my spouse continued to live and work in New York. The short is he had a two year affair which devastated me. I was so wounded that I could not see options only hurt and pain.
I am awake now. He lost his job in New York so lives here with me in Florida. We have so much debt $70 together plus two home mortgages. A bankruptcy attorney advised that I file on my own to discharge debts. However, my debt is less than $40k (included in the $70 above).
He also suggests that I could discharge all responsibility for the house (mortgage payments), and the other $30k debts. This leaves the $400+K mortgage and $30k debt to my spouse to handle. (he has 401k, other money)
I want to file for divorce but wonder is it better to file joint bankruptcy to discharge the second mortgage and all credit card debt together? I was thinking that any funds my spouse has to pay will leave little left in a divorce settlement.
Also, his constant lies make me wonder if he has assets hidden. (a long shot but a thought) Any suggestions.
Please advise. Both of us are unemployed. I lost my job a year ago which makes leaving that much more difficult. But after years of domestic abuse, I can't take any more.
Answer Hi Linda, I would advise that you do not file bankruptcy until after the dissolution of marriage. In the dissolution the family court has the power to equitably (not necessarily equally) divide the marital assets and debts which includes any asset or debt incurred or obtained during the marriage by either party during the marriage regardless of which name the asset or debt is held under. These assets and debts should be equitably divided before you file for bankruptcy.
I hope this information was helpful to you.
This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of the case more closely to better advise you.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
