Husband wants to file for bankruptcy and possibly divorce me?

Long story short. Husband got into a car accident a few years ago. Before we were married, he wasn’t insured (yes terrible I know) and the accident wasn’t his fault. Other person took full fault. He hadn’t heard anything of the accident until now. I guess that persons insurance has sued him however it seems like they’re under the impression he was served papers?

My husband hasn’t received a single letter regarding the lawsuit until now when the dmv sent us a letter claiming his DL is now suspended due to the lawsuit. And he needs to start paying them back blah blah blah. We come to find out the letters have been going to his grandmas house possibly since he lived there previously. We’ve also found out that the papers were served to his father (who he doesn’t speak to) who has the same name.

Just when things were looking up for us, these past few years have been rough. We’re living paycheck to paycheck and now we’ve got this.

He’s considering filing for bankruptcy but feels that divorcing me would help avoid the bankruptcy tanking my credit score. I have good credit while he does not. He thinks it will also just affect me terribly in general. I told him we could remain married but he has to file separately on his own. He disagrees.

I’m at a loss. I just need some advice. I know what he did was stupid and it’s biting us in the ass but it is what it is. How does bankruptcy work? Is he able to file separately without it affecting me? And the case itself, can we in anyway have it dismissed for having it served to the wrong person? If not how fucked are we?

Posted Sep 1, 2026, 4:41 PM UTC

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