Is it better to file bankruptcy before or after getting a divorce?

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Is it better to file bankruptcy before or after getting a divorce?

Asked on September 9, 2010 under Bankruptcy Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You don't give any details as to your situation.  If you have joint debt your spouse will have liability for it as much as you. So as to when to file for divorce, if it appears that you will both have to file for bankruptcy you may want to wait before filing.  Then you can file together and save on costs and fees.  However, depending on specific circumstances of your situation this may or may not be the right solution for you.  What you need to do now is to consult with an attorney.  Find one that practices divorce law, they will be able to advise on financial matters whether included in a bankruptcy or not.  They then will either be able to handle your bankruptcy as well or will be able to refer you to an attorney that does.

Note: Child support and alimony are not dischargeable in bankruptcy under the federal bankruptcy laws.


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