What can I do if my wife is not complying during the divorce process? 1 Answers as of June 22, 2011

My wife and I both retained attorneys for dissolution of marriage. It has been over a year and we are no closer to divorce than the day I left the residence. We have 2 minor children and significant debt including a home we have listed with realtors several times and are unable to sell. The attorney stated the only option we have is to file bankruptcy since home is in both names before proceeding with divorce. I have done everything required to proceed but she has not. She has refused to sign separation papers or supplying requested information to the attorney for bankruptcy so we can proceed with the process. She has continued to give debtors my work information and I have had payments garnished from my wages to pay off debts. I have made several attempts to keep her informed on what needs done to no avail. She has an excuse for everything. She won't even complete the required course on line necessary for bankruptcy. How long am I required to wait before we can proceed ahead if she refuses to comply? What rights do I have to file on my own so we can proceed without her? If she has debts that list me as co-signer, how can I proceed including these debts without her assistance to have my name and responsibility removed from accounts? Can I proceed with divorce without the bankruptcy then file on my own or vice versa? My attorney just keeps stating we need the bankruptcy first and the bankruptcy attorney states they can't proceed until information received. How can I make her get them the information requested so we can proceed?

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In any state a spouse may file for bankruptcy without permission or participation of the other spouse. As to whether that is appropriate here, you need to discuss with your attorneys. Obviously you are not in Ohio. Ohio would have required your divorce completed by now. I would say either your wife is having second thoughts about the divorce, or she is trying to wait you out to get a better settlement. Discuss the situation with your attorney and set a plan to get your divorce moving.
Answer Applies to: Ohio
Replied: 6/22/2011
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