Filing for divorce and bankruptcy is a careful strategic move. It takes a lot of forethought and planning. You need to be sure you know what to expect.
Starting over can be exciting. But there are some things you may not know that could make it more difficult. Read on to learn the stumbling blocks that aren’t always mentioned.
Divorce Debts May Not Be Forgiven in Bankruptcy
Both divorce or bankruptcy is a way to relieve yourself of obligations you just can’t do. But it’s not always a fix-all.
Declaring bankruptcy can cover a lot of debt you obtained while married, but not post-marriage. Alimony and child support are two “nondischargeable” debts you’ll still have.
So, the loans when you and your spouse have when you took community classes may be forgiven. But even if you were recently assigned the alimony or child support, that is something you can’t get out of.
This important to consider. Because if you don’t budget for this, starting over from this point will be much more difficult.
The Order You File Could Hurt You
The order in which you file is very important if you are needing to file for both. Because once you file for bankruptcy, anything else you had filed will be halted.
This “automatic stay” usually works in the filer’s favor. It prevents collectors and even people from hounding you for payments.
But even if you filed for bankruptcy to make the divorce easier, the divorce is now on hold. You will have to wait until the bankruptcy case has gone through.
If you and your soon-to-be-ex-spouse are amicable enough to work with that, then that’s great. You might be able to do both easier than doing it separately. If not, you might have to maneuver some things and wait until the divorce is solved first.
You May Need a New and Additional Representation
You’re already having to deal with a bunch of legal proceedings. So, it might be tempting to stick with the lawyer you have. It’s possible to hire a divorce attorney together, yes.
But if you throw in bankruptcy, that attorney cannot do both for both of you.
If this is the case, you may want to step back and think about it. You are now involved in two separate legal matters. They may feel tied together and involve you intimately. But in the eyes of the court, they are two wholly different issues.
This is when you should consider a bankruptcy attorney.
You’re already having to find another lawyer to prevent conflicts of interest. Why not find one who specializes in bankruptcy.?
This way you have an expert handling the financial case, and the divorce attorney can focus solely on the divorce. Now you can focus on starting over.
Divorce and Bankruptcy Are Scary
But the right attorneys will help make that as seamless as possible. It’s literally their job to see you through it and give you that new start.
Go now and get the lawyers that will best serve you. And check out some more posts on this website that can help you on that journey.