Sometimes financial troubles lead to divorce, and sometimes vice versa. Divorce and bankruptcy are commonly intertwined, increasing the complexity of both legal proceedings. Do you file for bankruptcy and then get divorced, or is better to file for bankruptcy after the fact? Are there consequences for property division, taxes and financial support?
The legal team at Stamps & Stamps, Attorneys at Law, will help you explore these issues so that you make informed decisions in both aspects of your life. Our goal is to help you emerge from bankruptcy – and divorce – in the best position to move forward with your life.
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If you know that you are getting divorced, it is generally better to file jointly for Chapter 7 bankruptcy before filing for divorce. This wipes out as much debt as possible so that you can start your new life without the financial drain of credit card balances and other dischargeable debts.
In other scenarios, it makes more sense to file for Chapter 13 bankruptcy after all your property is separated, especially if one of you will keep the marital home. By untangling your finances and joint property first, either of you can file bankruptcy on your own timeline.
Bankruptcy is perhaps most common as an aftershock of divorce. It is simply harder to make ends meet on one income than two, with little wiggle room. Any financial hardships such as health problems or job loss can quickly max out the credit cards and bury you in a pile of unpaid bills. The key is to seek legal counsel while you still have options, before the creditors start circling in for foreclosure, repossession and other drastic measures.
Whether you are preparing to divorce or recently got divorced, experienced bankruptcy lawyer Eric Stamps can walk you through your options and help you maximize your debt relief.
Stamps & Stamps, Attorneys at Law, offers a free initial consultation, serving the Dayton area and surrounding counties of Ohio. Call (937) 247-6447 or 888-435-0085, or contact us online.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.