Should we file for bankruptcy before or after our divorce?

My wife and I want to file for bankruptcy and a divorce. Can we group the two cases together? Should be file one before the other?

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Answered By: Diefer Law Group, P.C.

It depends on your situation. In some cases, filing a bankruptcy first can make the divorce easier. But in others, you need to file together to qualify.

Answer Applies to: California
Replied: 8/18/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Michael J. Berger

This depends on the specific facts of your case. One advantage to filing bankruptcy first is that you can file a joint petition (both husband and wife) and pay one legal fee and one court filing fee instead of 2. Once you are divorced, you can not file a joint petition.

Sometimes filing jointly while married or separately after you are separated or divorced may affect your ability to pass the means test and your ability to qualify to file a Chapter 7.

Determining child support and alimony while the person obligated to pay is in bankruptcy can result in lower payments.

Bankruptcy and divorce are separate and must be filed in different courts. Bankruptcy matters are heard in United States Bankruptcy Courts. These are federal courts. Divorces are heard in state court.

Bankruptcy and family law are 2 different areas of law, though they do overlap. You will want to consult with both and expert in bankruptcy law and an expert in family law.

For a free consultation regarding your specific bankruptcy issues, please call me.

Answer Applies to: California
Replied: 8/18/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ariano & Reppucci

It is my belief that you should file bankruptcy before you file for divorce. If you have already filed for divorce, a bankruptcy filing may put your divorce on hold until the bankruptcy is settled. Filing a joint bankruptcy prior to your divorce is obviously cheaper than filing two separate bankruptcies after divorce. Furthermore, bankruptcy simplifies your divorce by making it easier to divide your remaining debts and property. To discuss further, please contact me for a free consultation.

Answer Applies to: Arizona
Replied: 8/18/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Halpern Law Offices

Unfortunately, it is rather hard to tell as this depends on the specifics of your situation. We will need a little bit more information. Please call us.

Answer Applies to: California
Replied: 8/18/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.