I need someone to help me defining typically the best options in a divorce lawsuit in Connecticut.
What can I expect from my pre-nuptial agreement and of the
consistent behavior and facts since then (10 years) showing that my wife
and myself have always kept our properties, loans, bank accounts and
income separate, while we have lived separately too for most of the time ?
Is my best option not to file for a Declaratory Judgment to clarify ?
I have filed a Chapter 13 in the Federal Court of Miami last December
and my plan was approved. I have a home that's not in foreclosure
(reverse mortgage), and that's protected by the homestead exemption. No
payment due there. The house is in my name only, my wife lives
separately in Connecticut and has filed a divorce last June in
Connecticut. According to 28 U.S. Code § 1334 Bankruptcy cases and
proceedings, it seems that the Bankruptcy Court has prior and higher
jurisdiction over my properties.
For practical reasons, since I have a lawyer here to defend me at the
bankruptcy court and I cannot afford one in Connecticut, I was
contemplating the possibility of filing a Motion of Declaratory Judgment
(Summary Judgment?) to ask the Bankruptcy Court to determine that my
home is a non divisible property. Is this something feasible, typically ?