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Married but separated - chapt. 7


rebound101
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Good, then the repercussions, if any, should be very small. Since you do not live apart, then your spouse's income would not have to be listed, unless there is child support at issue. The same would go for expenses.

The next question then is.. have you started divorce proceedings ? The only thing that I can see that would be an issue then would be the division of assets.

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I filed while still married but had filed divorce. On the means test, I checked the box for married, filing separately with declaration of separate households so I didn't have to include my husbands income. I told her that a divorce was pending and she didn't question it even though my tax returns showed that our income was above the median for the state. I'm also in a community property state and still didn't have any problems.

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  • 2 weeks later...

My situation was prior to the BK Law changes....

I was married and living with the now EX-jerk. I filed alone and did not list his piddly income. There were no qualms nor questions. (mine was a BK13 and *I* earned the bulk of the family income).

I listed *his* debts as well as mine so that the creditors would not come after me for his debts.

They could not collect from him as long as we stayed married (because to collect from him would be indirect collecting from me). We were divorced a few years later....for him, all bets were off and the JDBs could go after him...and they did - en masse!

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Well, my husband and I have spent most of our marriage 'separated.' No assets to divide...nothing. All of my debt belongs soley to me. I would like to file for divorce, but my car is about to be repo'd. I have to do this BK immediately, my funds are almost non-existent. The only income I have for the moment is unemployment. Hard times and a bad situation to be in.

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