Should I file for divorce before filing for bankruptcy?

There are many factors that would help determine how to answer that question. Such things might include:

  • How long have the parties been separated?
  • What assets do you and the other spouse have?
  • Are there joint debts that you would both like to discharge prior to final entry of the divorce decree?
  • How long will the divorce take to complete versus current action of creditors, such as a pending garnishment?
  • Are there joint debts for which the court might hold you responsible to pay?

An experience bankruptcy attorney will be able to discuss the risks and rewards regarding filing before or after a divorce is complete.


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*Disclosure required by 11 U.S.C. § 528(a)(3): We, the law office of Tom Scott & Associates, P.C., are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.