Ask a Divorce Lawyer: Is delaying a divorce to pay off debt the right thing to do?

Question: My wife and I are separated but agreed to delay the divorce until we pay down debt. 

I am living with my brother to stretch the budget, but am I doing the right thing? 

Can this be some type of stall on her part or could it be seen as me leaving my wife since I moved out? I just found out that she has opened a checking account in her own name and I am not sure what to make of this either.

 

Answer: Although you have agreed to delay the divorce, you should still consult an attorney now to discuss your situation and develop a strategy.  Legal strategy is not something you should discuss with your soon to be opposing party.  I do not know the entire situation so I cannot tell you whether or not what you are doing is the right thing.  

You state that you have to live with family and pay off debt while your wife remains in the marital residence and may or may not be applying her income towards debt.  This seems like a good situation for her but a bad situation for you.  Your wife may have even already met with an attorney and may be acting under the advice of her attorney who is looking out for her best interest.

You should meet with an attorney now, discuss your situation, and he or she will advise you as to what you should be doing prior to filing and when you should file.  I do not practice in your jurisdiction.  However, Cordell & Cordell has many attorneys licensed and located in Texas who would be happy to meet with you.

 

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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2 comments on “Ask a Divorce Lawyer: Is delaying a divorce to pay off debt the right thing to do?

    SELL OF HOUSE
    MY WIFE LEFT ME IN 2006, MOVED OUT. SHE HASN’T PAID NOT ONE PENNY SINCE SHE LEFT. SHE SAYS THAT SHE WANTS HALF OF THE MONEY THAT COMES FROM THE SELL. i AM CURRANTLY PAYING CHILD SUPPORT FOR OUR 3 KIDS, PLUS MEDICAL AND I GET THEM EVERY WEEK PLUS BEFOR AND AFTER SCHOOL. WHATS YOUR ADVICE?

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