Legal Question in Family Law in Pennsylvania

Re: Wife putting me into debt......

Divorces, barring the long term disappearance of a spouse require notice and proof of service. So, in your case you could not get a "sneak divorce". The disparity in incomes would probably require some alimony to allow your wife time and money to aquire education or training which would allow her to earn a higher income. Befor pursuing any further action on your own you should speak with an attorney. I offer free consultations.

Re: Wife putting me into debt......

You can always get divorced might take a while but it can happen if you want to be divorced. Other than being single and not being responsible for her future debts, what else will happen is impossible to say.

What will happen to the house? Well its probably the largest asset of the marriage, generally the second largest is your pension plan. They and all your other assets and debts, are subject to equitable distribution. As to alimony that's even hard to predict, first I have no facts as to how long you were married but over 20 years seems a safe guess. That's one factor as is the relative earning capacity of each spouse al together there are over 10 factors affecting whether alimony is awarded and if it is how much.

First thing take her name off all the cards.

Next you need to find an attorney who not only is a Family Lawyer but is also familiar with bankruptcy. I could do it but I'm in Harrisburg and judging by your zip code you're near Philadelphia.

I'm sure I just skimmed the surface. You can contact me if you want further information. I don't charge for the initial consultation.

You can even call tonight.

John A. Davidson

Re: Wife putting me into debt......

You have several issues to deal with. First thing is information gathering-collect documents on all assets and all of this debt. Any asset OR debt coming into the marriage, before separation is marital. Instead of giving her the oney to pay the bills, I would suggest taking charge and paying them yourself.

As for alimon, with 2 adult kids, sounds like you ahve been married a long time. Depending on your other assets, you could be ordered to pay alimony based on the income disparity. Really need to sit down and review all of the income and asset information. Please contact if interested in free 1/2 consult.

Re: Wife putting me into debt......

Pennsylvania has what is known as equitable distribution. That means the marital assets and debts are divided in a manner that is fair. This is in contrast to community property which is merely 50/50. Marital property, which includes marital debt, is defined as property acquired from the date of marriage to the date of separation.

Alimony is determined based on a variety of factors, including the length of marriage and the comparative earnings/earning capacities of the parties.

Based upon the information your provided, it is probable your wife would be entitled to a greater share of the marital assets and you would pay a greater share of the marital debt. This is true even though you opposed her charges. However, that is certainly an issue which could be litigated.

I assume the debt is in her name only, as she has no right to incur debt in your name. If that is the case, you are not obligated to pay it unless there is a divorce. Thus, you could remain married and simply insist that she deal with her debt on her own. The bills should only be coming in her name.

If she is incurring debt in your name, you have the right to dispute the debt claiming fraud. Of course, the credit card companies can open up an investigation and, ultimately, your wife could be criminally charged with fraud.

I suggest you speak with an experienced family and bankruptcy attorney at your earliest convenience and I am happy to speak with you on a free initial basis.