Should a couple file for bankruptcy before filing for divorce?

Question Details:

My husband and I are going to be filing for bankruptcy and divorce. We have some debts that are in both of our names and some that are separate. Do we need to file for the bankruptcy before we can go ahead with the divorce procedures?

Asked 2/15/2011 under Bankruptcy | 606 View(s) | More Legal Topics

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Bankruptcy Law Answers

Mark J. Markus / Mark J. Markus, Law Offices of Answered 1 year ago | Contributor This attorney is licensed in California

No, you don't have to file before the divorce, but depending on the property laws of your state and your incomes/expenses, it may or may not benefit you to do so. This is a very complex question and a decision should only be made after consulting with a bankruptcy attorney (or attorneys if you are not getting along with each other, in which case you may need separate counsel).

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/