Not sure if anyone here can offer advice or if anyone just has suggestions. I am attempting to divorce my estranged wife under cover without setting off any alarms, so she doesn't have time to mount a defense. As of now I have told her we are separated and going to wait a year to see if we still want to stay married, she agreed, (basically because it means i'll keep paying everything while she does whatever she wants). So I am attempting to get all court documents and paperwork together to have her served before the end of the summer...here is my question:
We are both on the lease of her current townhome. We have two kids so I feel obligated to ensure there is a roof over her head for now, but the lease just expired, and we must sign a new one by the end of June. I am hesitant to sign it because of my plans. I don't want to still be liable for her stuff after it goes down. If i co-sign this lease with her can I be held legally responsible for the payment of that lease once we divorce if she doesn't pay it?
Further AITA for not worrying about her monthly payments to rent with my kids in that house? (I am a traveling contractor who cannot take the kids, custody wise)
Thanks for any help offered.
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In most leases you'll find that you're jointly and severally liable. So, yeah, until you and your wife actually file the paperwork, you'll be on the hook. But, it really doesn't matter. As part of the legal separation (you'll hit this point once you and your wife file the final paperwork) you'll be untangling all of it. The person who leaves the marital home is usually just removed from the lease. You'll have to work with the landlord to do that but it's pretty simple. I'd say I was concerned about her income qualifying for the lease, but with two kids, you'll likely be giving her more than enough to qualify after child support and alimony.
Assuming you're in the US, you can't file for divorce in secret. You can petition for divorce alone, but the filing is going to require her cooperation with tons of paperwork. You have kids, so expect to have mandatory counseling/co-parenting classes.
The most important thing you can do right now is to speak with a divorce attorney and get a realistic assessment of the maximum possible monthly damage you're looking at with child support and alimony. Once you see that number you'll likely need a bit of time to come to terms with it. You really want to wait until you're at peace with what you're looking at before you petition for divorce.
Learn about Amor Fati, you're going to need it.
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