How to begin?

If you file for bankruptcy it will prevent you from moving forward with an equitable distribution case in court or distributing any assets. In order to make any changes you would need permission from the bankruptcy court. In order to determine if filing for bankruptcy is in your best interests you should consult with an attorney who practices bankruptcy law.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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From the sound of this post it’s almost as though you are not certain that separation is the best option. Have you thought about marriage counseling? This is just my opinion, but it sounds as though you are going through that place that a lot of marriages go through…2 year old taking all the time so there’s not much time left over for the relationship. And I know from experience that after you’ve been together for several years you tend to quit working at it. Finacial difficulties can strain a marriage also but if you are not absolutely certain about this I would suggest to you that you give your marriage a chance first.
I’m not suggesting that anything should be forced but marriages take work and some people tend to lose sight of that when the newness wears off. I’m not suggesting that you stay together for the sake of the child either, but working through the tough times is what makes your marriage stronger. Your daughter will benefit the most by having her parents happy in a strong, healthy relationship. If that can not happen together then it’s better to separate now, while she is still young. But if it could be avoided…
separation and divorce, even when amicable, is stressful and painful, and it changes the life of everyone involved.

My wife and I have been married for just shy of 6 years (Nov 9 is Anniv.) I feel that I have fallen out of love with her and feel like we are two different people with two different sets of goals in life.

We have a 2 year old daughter. There is no foul play in the marriage, I just feel that it would benefit both of us to end the marriage.

I spoke to her about it tonight and of course she is upset but said that “if this is how I feel, there is nothing she can do to stop me from leaving” and “we should not stay together only for the sake of our daughter”.

I know there would be no dispute over custody, she would want me to remain a part of our daughters life, and so do I. I don’t think we would dispute over property. We do not own a house. Her car is paid off and I make payments on mine.

My main concern is financially. I work full time and have a part time job as well. She has worked as a Nanny for the last 2 years but before that had a professional job in the banking industry. She has a college degree.

We have been struggling financially over the last year or so. We have decided it is best to file bankruptcy given our situation. We are currently saving money to pay for a lawyer for that. How would bankruptcy effect the divorce? Should we try to complete that prior to divorce or vice versa? To make matters worse, she has just lost her nanny job 3 weeks ago and has not found anything else yet.

In no way shape or form do I want to hurt her, or hang her out to dry by leaving abruptly. But, I feel like I cannot go on with the marriage.

Where do I begin? All in all, I really feel like this would be as amicable as divorce can be.

Thanks in advance!