Should a couple file for bankruptcy before filing for divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should a couple file for bankruptcy before filing for divorce?
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 on February 15, 2011 under Bankruptcy Law, Florida
Answers:
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 13 years ago | Contributor
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/
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 13 years ago | Contributor
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/
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.