I am contemplating separation. The issue is everything is in my name (mortgage, cars, credit card debt) etc. I cannot afford to pay these bills on my own nor can one of us afford to move out and get another place until we figure things out. Our savings was used for unforeseen medical expenses and I have no idea how to navigate this and what my options are...
You may want to consider mediation as a lower cost and more amicable option to resolve your issues before you separate. Consider consulting with an attorney who will provide advice and can guide you through the mediation process. Just bc bills come in your name does not mean that you alone will be held responsible for them. These are marital debts and should be equitably divided as part of the resolution of your divorce.
I would suggest sitting down for a consultation with a matrimonial attorney and completing what is called a Case Information Statement in advance: https://www.njcourts.gov/forms/10482_fam_cis.pdf
This will give the attorney a sense of what your expenses are, what debt exists and in whose name.
You unfortunately find yourself in the unenviable position that most irreconcilable marriages find themselves in...you simply cant afford to not stay married. That fact that things are just in your name really is not an issue. Whatever the status quo (you will hear that term ALOT) has been throughout your marriage regarding the paying of bills, savings, parental duties, etc.; should continue post-separation. You really need to sit down with an experienced divorce attorney for a free consultation so that he/she can answer all of your questions and alleviate any fears you may have, all while in a private setting. Your situation is far more common than you can imagine and I would say is probably the norm. Wishing you all the best.
Disclaimer: This information is being provided for educational/informational purposes. It is not to be considered legal advice and no attorney/client privilege was established as a result of same.
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