It is much easier to go through a divorce if there is no community debt. If one party does not want to file a bankruptcy, the other party can file on behalf of the community before the divorce has been filed. The bankruptcy will still show up on both spouses' credit reports if they are still married at the time of the filing. If the divorce has already been filed and then one party files a bankruptcy action, this will stop the divorce proceedings. The divorce cannot move forward while there is a bankruptcy action pending, unless special permission is obtained from the Bankruptcy Court.
Bankruptcy is, by itself, a very complex area of law.
When it is mixed together with divorce, it can result in many problems. If you are considering filing bankruptcy or divorce, it is wise to consult an attorney who is experienced in both of these areas of law. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. All rights reserved.