Should You File for Bankruptcy before or after Divorce?

Just DivorcedDeciding to file for either bankruptcy or divorce can be a difficult decision to make, but facing  filing for both of these can add a whole additional layer of complexity and frustration, especially when trying to determine when it is best to file for both. This is a complex decision to be made, as the effects of both filings will have long-lasting effects on a person’s life.

Considerations

Deciding when to file for bankruptcy and divorce is especially complex because of the number of options available and the many ways that these decisions will affect each other. As such, certain factors that you should take into consideration include:

  • Dividing your property during divorce – dividing property during a divorce is often a contentious and frustrating process. Thus, for those with many assets and properties, choosing to file for bankruptcy and liquidate some non-exempt assets (if filing for Chapter 7) can make this process a bit easier. If you feel that this could benefit you, you may consider filing for bankruptcy before filing for divorce.
  • Debt liability / responsibility – while filing for bankruptcy after a divorce may seem like it will alleviate one spouse’s responsibility for paying off debts, this is not always the case. Although debts can be divided and this can be upheld in a divorce agreement, debts that were accrued during the marriage are considered to be the responsibility of both spouses, even after a divorce.
  • Bankruptcy qualification – while almost anyone can file for Chapter 13 bankruptcy, a person or couple needs to qualify first to file for Chapter 7 bankruptcy. There is a limit for the maximum income a person or couple can have; thus, filing jointly or separately can make a significant difference in qualifying for this form of bankruptcy.

Additionally, you and your partner should talk about and consider which form of bankruptcy would be best for your situation. While you do need to qualify for Chapter 7 bankruptcy, your eligibility could be affected by your marital status. Additionally, Chapter 7 bankruptcy can be completed much quicker than any other form of bankruptcy. On the other hand, Chapter 13 offers a much longer period for repayment and is available to almost anyone.

About the author….

Abby Pearson is an established blogger who regularly contributes articles on a wide variety of issues such as divorce, marriage, bankruptcy, and legal matters. She is largely concerned with helping those seeking divorce assistance get the information and support they need from a divorce lawyer.

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Not The Twelve Days of Christmas but Twelve Reasons Why You Need a Smart Team Approach for Your Divorce!

Good attorneys will likely be honest that they are not tax experts or business valuation experts or emotional health experts…and they will provide you with a list of good referrals to true experts in those fields.

Custody Calculations 702-675-5120

Instead of the twelve days of Christmas, which we realize has passed, we are bringing you the twelve reasons you need a Smart Team Approach/Divorce Coach to help you with your divorce/custody issues. Including the one reason that makes this list especially important to you.

 

12. With so much to lose, you can no longer afford to enter the divorce process ignorant or unprepared Petitioner or Respondent. Already involved in a high conflict case? Stop bleeding money, emotions and time. Get out sooner and for less, using a Smart Team Approach.

 

11. In today’s divorce environment you can lose your home, job, career, your children. You can even go to jail!  Does your attorney have the capability of representing you if you are facing child abuse or domestic abuse allegations. Women listen up this applies to you too, as more women are being arrested or dealing with allegations…

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2013 Divorce Hot Shot Series (Short Presentations for Real People)

 2013 Divorce Hot Shot Calendar

Registration at www.visionsanew.org ($25 per session, Presenters & Location Addresses Online)

January

Tues., January 8th (Perimeter, 6:30-8:30 p.m.)

“Divorce Orientation”

 Tues., January 15th (Buckhead 7:30-9:30 a.m.)

“Divorce Orientation”

Tues., January 22nd (Buckhead 7:30-9:30 a.m.)

“How Child Support Works”

Tues., January 29th (Perimeter, 6:30-8:30 p.m.)

“Divorce Options & Avenues”

 

February

Saturday, February 2nd (Buckhead 10 a.m.-Noon)

“Children Weathering the Storm”

Tues., February 5th (Perimeter, 6:45-8:30 p.m.)

“Divorce Orientation”

Thurs., February 21st (Buckhead 7:30-9:30 a.m.)

“Divorce Orientation”

 

March/April

Tues., March 5th (Perimeter, 6:45-8:30 p.m.)

“Lies & Litigation”

Thurs. March 21st (Buckhead 7:30-9:30 a.m.)

“Divorce Orientation”

Thurs., April 25th (Perimeter, 6:45-8:30 p.m.)

“What if Someone Dates During Divorce?”

May

Tues., May 7, 2013 (Buckhead 7:30-9:30 a.m.)

“Divorce Orientation”

Tues., May 21, 2013 (Perimeter, 6:45-8:30 p.m.)

“5 Common Financial Mistakes in Divorce”

June

Tues., June 11, 2013 (Perimeter, 6:45-8:30 p.m.)

“When the Pie Exceeds A Million Bucks”

Tues., June 25, 2013 (Buckhead 7:30-9:30 a.m.)

“5 Common Parenting Mistakes in Divorce”

August

Wed., August 21st  (Perimeter, 6:45-8:30 p.m.)

“5 Common Legal Mistakes”

Tues., August 27th  (Buckhead 7:30-9:30 a.m.)

 “Divorce Orientation”

Wed., August 28th  (Perimeter, 6:45-8:30 p.m.)

“Finding the Money & Honey”

September

Tues., September 10th  (Buckhead 7:30-9:30 a.m.)

“Divorce Orientation”

Sat., September 21st  (Buckhead 10 – Noon)

“Children Weathering the Storm”