I am not trying to provide anyone legal service and anyone can simple verify any of my claims listed below by googling them on the internet:
1) There are internet based services that will help you with the paperwork needed to file a divorce. One of which charges $135.00. There will also be court filing fees which vary state to state.
2) You can live in the same house while gatting divorced and even after it’sfinalized in most states If you need a date of seperation for the divorce paperwork. use the date you decided to seperate.
3) A creditor may seize assets in which your name and social security number is associated with. There are an exceptions for retirement benifits and some government benifits.
4) The maximum that can be garnished is 25% of the salary after taxes or in some states 10% of the gross salary.
5) Always answer a summons to civil court. If you fail to answer the plaintiff may win a defualt judgement, Which mean he won the case If it’s the first time you can ask the judge for a continunace and he will set another court date you just need an excuse.
If the husband is scared a creditor will garnish his wages, He can divorce his wife in secular civil court, transfer all his assete ie house bank and investment account to be solely in her name and give her child support or alimony of over 25% of his disposible income. Thereby giving the creditor no where to collect from. The balance of his income is deposit into a seperate account under a relitive’s name. He will only be able to use it via internet banking.
He can sleep in his own bed and there is nothing the creditor can do. The debtor can declare bankruptcy and possibly get the debt discharged. If he does he can remarry his ex-wife civily.
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