That brings the question, which came first the chicken or the egg? Or, was the bankruptcy that caused the divorce or divorce that caused the bankruptcy? Looking at the numbers it’s pretty clear that these two go together like peanut butter and jelly or bacon and eggs.
Looking at it from both sides, divorce can be the cause of a bankruptcy filing. If a couple splits up and now has to pay for two households with the same amount of income, it can be difficult. With all of the bills being divided, along with paying for an entire household, there might be no other choice but to file for bankruptcy and try and wipe out the unsecured debt. On the other side of the coin, the stress of filing bankruptcy causes many couples to blame each other for the financial problems they are suffering. The stress of bankruptcy is not easy on a married couple. Some couples end up separating because of the bankruptcy.
Divorce can complicate a bankruptcy. The divorce attorneys should work hand-in-hand with a bankruptcy attorney to try and resolve the financial issues equitably. Filing bankruptcy and eliminating the debt will many times help the divorce attorneys so they do not have to fight over who gets to pay the debts. Wiping out community debts will allow both parties to be able to more easily afford their separate households.
Since financial problems many times are what lead to divorce, it’s normal to see bankruptcy to be part of the dissolution of marriage. Many couples wonder if they should file bankruptcy first or wait until the divorce is finished. A married couple can file bankruptcy jointly even though they’re not living together, but after the divorce they will no longer be able to file jointly. The ex-spouses will now have to file two separate bankruptcy petitions. This is why timing is everything as long as they can get along to get through the process. This can save the cost of being able to only pay one filing fee and pay for one bankruptcy attorney. Some bankruptcy attorneys, if they know the divorce is coming, will not want to represent both people because of the possible conflict of interest.
Filing bankruptcy separately can also have benefits for the couple depending on the situation. If both people are gainfully employed and making too much income to qualify for Chapter 7 bankruptcy, waiting until they separate will lower their household income and possibly help the qualification process. This might be a huge benefit for the separated couple being able to wipe out all of their unsecured debts under Chapter 7, and allowing them to truly get a fresh start after the bankruptcy and divorce.
Having marital problems and financial problems at the same time is not fun and in many cases will end up in the perfect storm where there’s no other option but to file for divorce and bankruptcy. Because of the complication of the combined cases it’s important to consult with a bankruptcy attorney along with the divorce attorney to make sure that your family’s interests are protected.
Written by buddha_unique1










