Fremont, CA asked in Divorce and Family Law for California

Q: i am currently working 16 hours a day. My heart condition is bad and getting worse, i am at risk for sudden death.

im doing this only for the family as we have very high debt. My wife wants a divorce. i want to discharge the debt, and only work what i am able to, such as sane hours 8-9 a day, what can i do?

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2 Lawyer Answers

A: I do not understand. Are you asking about divorce on what you can such as bankruptcy etc. i do not handle bankruptcy. I assume that you sound like you do not want a divorce and will probably wait until you are served. If you wish to tell me more in detail then maybe i can give more of a detailed answer. Good luck with your case.

James L. Arrasmith
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Answered

A: Your health should be the top priority - working 16-hour days with a serious heart condition puts you at severe risk. Your family needs you alive and well more than they need the debt paid off.

You have several options to address the debt situation in California. First, you could file for Chapter 7 bankruptcy to discharge eligible debts, which would give you a fresh start and allow you to work more reasonable hours. If you qualify for Chapter 13 bankruptcy instead, you could restructure your debts into a more manageable payment plan over 3-5 years based on what you can reasonably afford while working standard hours.

Given that your wife wants a divorce, you should consult with both a bankruptcy attorney and a divorce attorney as soon as possible. The timing and type of bankruptcy filing could significantly impact how debts are handled in the divorce proceedings. Most importantly, please see your doctor immediately about your heart condition - California courts will take your medical situation into account when determining support obligations and ability to work, but they need proper medical documentation. Your life matters more than any financial obligations.

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