Attempt To Include Her As A Creditor By Naming Her Cards As Part Of My Debt?
Q: I'm on the verge of filing for divorce and bankruptcy in the state of Kansas. No children, no major property issues, just a major credit card debt. All but 4 cards are in my name. The other 4 cards are in her name. All the cards, and the debt occurred during the marriage. She refuses to file bankruptcy as a married couple, (to eliminate her credit card debt so she wouldn't have to worry about being saddled with debt) but makes it very clear that she expects me to pay her cards off as part of the divorce settlement. I've informed her that I will not pay her credit card bills, and that I intend to file chapter 7 regardless of her actions during the divorce. The combined debt is in excess of $90,000--her debt is roughly $25,000. The questions: 1. Should I file bankruptcy before the divorce, forcing her to file, or attempt to include her as a creditor by naming her cards as part of my debt? 2. File the divorce and put the property settlement on hold until my bankruptcy
A: I don't know about Kansas divorce law and judges, but she'll have a hard time justifying this since the cards are in her name only (I would think). If she never worked and you were her sole support it might be different, but I doubt that's the case since without a job it would be unlikely for her to be able to get the cards in the first place.