Answer. If you have a pending divorce case, filing for bankruptcy will not affect actions to establish custody or child support. But it will stop the ongoing divorce proceedings related to division of property. Read on to learn more about how filing for bankruptcy can affect your pending divorce.
Do I have to be divorced to file bankruptcy?
Bankruptcy Type If your bankruptcy is a simple Chapter 7 bankruptcy, then filing it before your divorce may be the best option. Since Chapter 7 bankruptcy can be filed and complete in just several months, there’s no reason you and your spouse can’t file jointly, discharge your debts, then divorce afterwards.
What happens when you file bankruptcy after a divorce?
While you can discharge your obligation to pay a debt, you can’t discharge your ex-spouse’s payment obligations. If you’re filing Chapter 13 bankruptcy after a divorce, you will be responsible for repaying any debts attached to your name even if your ex-spouse is responsible for creating the debt.
Can you file Chapter 13 bankruptcy before a divorce?
If you and your spouse file for Chapter 13 bankruptcy before your divorce, it will be a long time before your shared repayment plan is completed. Unless you and your spouse are very amicable, it might not be a good idea for you to file this type of bankruptcy before you divorce.
Can a couple file for bankruptcy at the same time?
A joint bankruptcy filing requires cooperation between the spouses, but it can significantly streamline the divorce process, reducing legal fees and time commitment for both parties. In many states, a couple filing for bankruptcy can keep a larger portion of their assets than they would when filing for bankruptcy individually, after a divorce.
What happens if I file for bankruptcy first?
If you file for bankruptcy first, you and your spouse will only have to pay one filing fee and can share the legal fees of your bankruptcy attorney. Filing for bankruptcy first can also make the property division portion of your divorce case simpler. In a normal divorce, the court will divide both the assets and the debts.
