Kansas City, MO asked in Bankruptcy, Divorce and Family Law for Kansas

Q: My husband moved to Florida we are not legally separated so could I file for divorce and bankruptcy at the same time?

If I file for bankruptcy and he gets very upset and filed for divorce how would that affect my bankruptcy? Can he try to get me to pay the debt in the divorce?

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1 Lawyer Answer
Sonya Jackson
Sonya Jackson
  • Bankruptcy Lawyer
  • Atlanta, GA

A: You can file your bankruptcy case and your divorce case on the same day. However, from a practical perspective, it may make more sense to get your bankruptcy behind you before filing for divorce. This is because, by having the debt discharged before the divorce, you reduce the number of issues that need to be litigated or negotiated during your divorce case. You could save both time and money by resolving the debt issue before the divorce.

If you and your husband are on speaking terms, you may want to talk to him about filing a joint bankruptcy petition prior to the divorce.

This answer assumes you are filing a chapter 7 bankruptcy, which can be over in a matter of months. A chapter 13 bankruptcy involves a 3-to-5 year commitment.

LEGAL DISCLAIMER: This is not legal advice and does not create an attorney-client relationship. All information posted here is intended to provide general information to the general public and not to any specific individual. If you require legal advice, please consult an attorney licensed to practice in your state.

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