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Divorce While Spouse Is Incarcerated

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Location: Tennessee

My spouse was recently incarcerated, looking at charges up to life imprisonment or death penalty. His bail is in the millions. I intend to divorce him at some point - either during this whole court process or after final sentencing but was told that doing so sooner rather than later would be best (since he is apparently trying to rack up legal fees for a defense attorney and that may end up falling onto me).

We own 2 homes (a new expensive one that we moved into 1.5 years ago and our first home which has ~$180k in equity), own multiple motor vehicles and have a young baby together. He was the main breadwinner and I only worked as an independent contractor, working occasionally the past few years.

The home we most recently moved into and bought is way more than I can afford right now by myself. If I went back to work full time I could manage it, but it would be a struggle. Our first home would be very affordable on my income alone but we have tenants there. Once I file for divorce, what kind of time frame are we usually looking at before the loan company decides that my income alone is insufficient for the newer home? Would refinancing be an option? Or would I have to move out suddenly and also need to move my spouse’s belongings as well to somewhere temporary? Please help. Any advice is welcome.

submitted by /u/DocOct18
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