My wife and I are going through a separation primarily because of our fights over finances since I pay most of the bills even though her name and associated responsibility is on the majority of these items, including the marital home mortgage.
Our mortgage is underwater and my budget is even tighter now that she recently just walked out and moved out of the home leaving my children and I behind.
What am I to do in regards to this situation while struggling to pay the bills and mortgage?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce laws where I am licensed to practice.
If you have not yet filed for divorce, you may want to move forward with filing so you can request a preliminary hearing to address issues such as payment of marital bills.
The court will likely order each party to contribute a certain amount to the monthly expenses while the divorce is pending.
Divorce Tips For Men:
If you are awarded custody of the children, then it is likely that the court will also order your wife to pay child support. It is possible to request child support back to the date you file your petition for dissolution, or the date she left the residence, whichever occurred later.
If you and your wife each agree that the house should be sold as neither of you can afford to maintain it individually, then the amount that the house sells for would be applied to the amount owed. Then, whatever balance was remaining would be divided between the parties.
The judge may consider ordering one party to pay more based on income, other property received in the division of the marital estate, etc. However, where I practice, there is a presumption of an equitable division.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.