Q: Can I file for bankruptcy without my spouse while we're starting an uncontested divorce process?
I can't afford to survive with all the debt incurred while married. He does not want to file for bankruptcy, but I do. Is that possible while starting the divorce process and how would that affect the process of an uncontested divorce?
A: You can file a bankruptcy, but there may (or may not) be reasons to wait until the divorce is finalized. There are a lot of factors that go into when to file a bankruptcy, under what chapter, etc., and major life changes like a divorce are intertwined with those factors. The best advise you will likely receive is to contact a qualified bankruptcy attorney licensed in New York for advice before making these important decisions.
Timothy Denison agrees with this answer
A: You can absolutely file for bankruptcy before the divorce is finalized. Your impending divorce is something you'll definitely want to discuss with your bankruptcy lawyer, as it has implications as to what chapter for which you are eligible to file. For instance, if you are separated, your spouse's income won't count for the chapter 7 means test. Good luck!
Daniel Michael Luisi and Timothy Denison agree with this answer
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