How can bankruptcy help me?
I'm in a bad spot. I'm married. Two kids. My husband sucks and one of our kids has intense medical needs. I'm his caregiver. I had to leave my career I loved because he has a lot of appointments, and even if those slow down, his medical needs make finding appropriate childcare almost impossible. I have looked really hard. He's 14 months old, and I don't think it will change for at least a few years. I'm getting divorced as soon as I can figure out a plan. I had great credit and almost no debt when we met, but my husband is a reckless spender and has racked up $42k in credit card debt in my name. It wasn't fraud, but it was definitely abuse. Currently he's out of the country for work and will be for quite a while. He's paying our bills while I care for our son, but as soon as I tell him I want a divorce, he will stop. I know this because he's mad I'm caring for our child instead of working and earning money now.
How long do I have to wait to be able to file for bankruptcy? Can I do it while I'm still married? My husband will fight everything in the divorce because he's a narcissist, and I'm expecting it to drag on for a long time.
I have a minivan that is too expensive that is a joint asset but I know he doesn't want. I can't sell it to get something cheaper right now because it's not worth as much as I owe and I don't have the cash for the difference. I need a vehicle to take my son to his appointments. Could I sell the van and have the difference in what I owe wiped away? Can I even get some sort of car loan for a cheaper vehicle during or right after bankruptcy?
A quick consult with a divorce attorney told me that splitting the credit card debt could be hard. We haven't been married long, and he did most of it happened before we were married. I'm expecting to be stuck with the full amount and hoping that won't be the case.
My son will qualify for SSI once I'm divorced, but it will take a while for the process to happen. Between that and child support I'm expecting around $2500 a month in income.
I'm a bit overwhelmed, and bankruptcy scares me. I don't know a lot about it. I don't see another option at this point, though. I appreciate any insight and help you have to offer.
Edit to add: I'm in PA.