Bankruptcy before or after ED

Due to my spouses infidelities and abandonment, in the middle of divorce, lawyer expenses etc, I find myself on the verge of having to file bankruptcy. I fear I cannot hold out much longer. I need to know should I file for bankruptcy before or after mediation and court to settle our ED stuff. I want to keep the house, but due to high credit card debts Im pretty sure I cannot get approved for refinancing of the mortgage on my own and have no one to help me with it. Im not sure if I should try to hold out through mediation to try to get my ex to help me refinance the mortgage and get a cash out loan to pay off my debts, as he got engaged before we were divorced and 2 weeks after divorce he married his paramour. He paid off all his debts before and during separation and now he has been living on both his and his paramours incomes for awhile now, but myself and our daughter have been financially suffering while he spends thousands of dollars on stuff for their new home, 2 new sports cars and engagement and wedding rings and taking mini vacations etc. Is there anything I can DO?

It is best to discuss your bankruptcy filing options with a bankruptcy attorney.

If you have an alimony claim pending, you will need to negotiate an alimony amount and/or set the alimony issue for trial before the judge if you believe you are entitled to alimony.

It sounds like you may also be entitled to child support. If you don’t already have a child support claim pending, you should file a claim for child support or go to your county’s child support enforcement agency to establish child support.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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