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  1. #1
    Join Date
    Jun 2005
    Location
    New York
    Posts
    3

    Default Financial protection - when does it begin - after filing?

    I live in NEW YORK.

    My wife has been having an affair (which I can prove) and I need to file for a divorce. I have been married for 18 years and am very concerned with saving my assets, including pension, 401K, house (which is paid off) etc.

    My wife just began working again about 8 months ago. She is also going to night school 2 evenings a week.

    My concern has to do with being able to protect myself financially as I go through the proper steps. I have a list of joint and separate credit cards and accounts that I will be closing and anticipate a long drawn-out situation. I have NO intention of leaving my house - and yes - I do have a 16 year-old-son that I want to make sure is taken care of.

    During this time frame - I want to make sure that additional debt is not something that I should have to take on because she may open new credit card accounts etc.

    This is my question:
    ONCE I FILE AND SERVE MY WIFE PAPERS, AM I PROTECTED FROM ANY FUTURE DEBT THAT SHE MAY BE RESPONSIBLE FOR? I understand that the debt (and assets) WE have currently are jointly our responsibility. It is after filing / serving her - am I protected from NEW debts that she causes? What IS the law as it relates to this topic?

    I do have an attorney I am working with but do not want to start running his bill up until I understand a few more things. Once I get the answer to this base question, I feel as if I can proceed with filing and serving papers on her. I know (and SHE knows) she does not have grounds for divorce - whereas I DO - plain and simple ... adultery.

    One more fact - is that my wife refused to be "intimate" years ago with me and over 11 months ago - moved out of the bedroom into a separate room. She also has refused for YEARS to seek marriage counselling - I HAVE been seeing a therapist now since early Feb this year. I see no other alternative but divorce but being 53 - am concerned that all the years of hard work to pay off everything ... and try to stay ahead will now be in vain.

    Thank you for any assistance you can provide.

    Please let me know if you have any questions.

    If possible please send me an email with a reply at tousled@hotmail.com.

    THANK YOU AGAIN FOR YOUR MUCH NEEDED HELP.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Asset Protection

    Unfortunately, you need to bite the bullet and use your lawyer. If you don't get an appropriate agreement from your ex-, or an appropriate order from the court, you may find yourself liable for new debts incurred by your wife. (And even if not, you may end up paying attorney fees many times what it would now cost you to protect yourself, in your later effort to have the debt assigned to her.)

  3. #3
    Join Date
    Jun 2005
    Location
    New York
    Posts
    3

    Default Financial protection - when does it begin - after filing?

    I am very willing to begin the engagement with my attorney. That was not really my question. Mt question was simply - Once I javbe filed for divorce and papers are inded served - AM I PROTECTED FROM INCURRING EDBT THAT - OR SHARING THE DEBT SHE HAS CAUSED?

    I am fearful that I might close accounts and cancel credit cards etc - and that she would just turn around - open new accounts up and start running up bills that I have nothing to do with.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Debts After Divorce Is FIled

    As previously stated, if you don't get an appropriate agreement from your ex-, or an appropriate order from the court, you may find yourself liable for new debts incurred by your wife.

  5. #5
    Join Date
    Jun 2005
    Location
    New York
    Posts
    3

    Default Re Financial protection - when does it begin ?

    Thank you! I will contact my attorney and proceed from there.

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