Legal Question in Family Law in Michigan
I am trying to determine if Speration or Divorce is needed. I have been married 6 years and living in his parents basement this whole time, with a son (now 4 yrs old). Its constant arguing and things between us...and I know my son will need his own room... My husband is in Credit card debt upto his eyeballs and beyond. Hes not been working, so i have been paying almost all his bills... along with my own... He's not fighting to get a job, and I can not work 2 jobs just to pay his debt - i need to be a mother to my son too... Now, I know my son and I (not sure if the hubby is going to go, because we are just not working) need to move out by summer ...because a kindergardener can not go to school saying i sleep in my parents room. If I move out and have to pay rent, am I still obligated to pay his bills? He's already defaulted on one - to the point where it's on its way to collections. my name is not on the cards, but for the health (mental) of my self and my son is more important to me. Any suggestions on what to do with this?
1 Answer from Attorneys
You are only obligated to pay those bills if (a) you are a co-signer on the credit cards or (b) a divorce judgment says that you must. If you ARE a co-signer, I think the first thing you might consider is filing a Chapter 7 or 13 bankruptcy, depending on the income level of the household. Since it seems pretty low, a Chapter 7 seems more likely.