What can be done if separated with divorce petition filed long ago and hold up is marital property/credit card debt? 2 Answers as of April 09, 2013

Living separately since Jan 2011, with divorce petition initiated Oct 2011. I am frustrated! Ex resides in Marital home is jointly owned (zero mortgage/free and clear). The home is valued maybe between 35-60 K. I offered to remove my name off deed providing he pay the credit card and small loan debts which he solely initiate yet often needed by cosign. I just read about bifurcation of divorce. I want it! Ex wants, me to file joint bankruptcy as to PROTECT the house and PROTECT me as creditors would demand debt to be repaid as co debtor. I read that the "STAY" period prevents finalization of divorce! Ugh! I am being nice not to ask for the home. Just want his hair brained debt ventures paid so I can rebuild my own credit as well as move on and remarry. I think he is purposely preventing the divorce ... he knows I am seriously committed to someone as of last summer. He is not serious about the women he dates. We are civil but now I feel he is manipulating this stall! I rather not have the court decide things for us. Can I get the bifurcation and then write the mutual agreement that he pays the debts and relinquish my right to the martial home? Please advise!

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Carey and Leisure | John Smitten
Just set the matter for trial with the court.
Answer Applies to: Florida
Replied: 4/9/2013
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
You have to make sure you have done the steps necessary, and then file the motion with the court seeking to have your status changed to single (bifurcation). After that, you can then ask for a trial date, so that the rest of the case can be heard and a judgment entered.
Answer Applies to: California
Replied: 4/9/2013
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