How can spousal support be reversed? How can I finalized my divorce if my spouse filed bankruptcy?

Question Details: Have been married for 15yrs. Was not present at hearing where spousal support was ordered. Have not had a steady job (only part-time) in 12 years. She worked full-time for the entire marriage. Since we have been seperated for 2 years, she has since filed for bankruptcy and I was told that I cannot get divorced until it is settled. How can I move forward and get all this behind me?

Asked 7/17/2009 under Divorce, Marriage, Alimony | 617 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Jack Moser, Jr. / Jack Moser Law Answered 2 years ago | Contributor

Unfortunately, the divorce is stayed (which means put on hold) until the bankruptcy is final and dischared.  There are a limited number of things that a court may be able to move forward with, but the assets and liabilities of the parties are in limbo until the bankruptcy is over.

Regarding the spousal support order, if it is a temporary order then you could always ask that the court reconsider the temporary order. There are certain areas in a divorce case to which a bankruptcy court does not have jurisdiction or the right to stop a state domestic relations matter from moving forward. However, many judges fail to realize that fact and they refuse to do anything else on a domestic relations case until the bankruptcy has finalized. You should locate an experienced and skilled local attorney who can then assist you with the process. Good luck. 

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