Perhaps the divorce has left you both financially depleted and you both know you will have to file a bankruptcy. It is almost always best to consult an attorney in these matters. A little pre-divorce planning in this area may save you a lot of headache in the long run. Some debts that are normally dischargeable in bankruptcy can become non-dischargeable if they are included within a dissolution decree. If you feel as though your ex-spouse is trying to get out of a debt he or she should be forced to pay, you must file an objection in the allotted time period or the discharge will be effective against the debt, whether you have a great case or not.
Joint petitions are generally cleaner and cheaper than two separate bankruptcies.
If you can both agree that filing bankruptcy is the way to go, you don t have to still be married and under the same roof to file at the same time. Filing before the divorce is final may also be advantageous, but you should consult an attorney on that particular issue. Once a bankruptcy petition is filed, the court handling the divorce cannot change or modify child support or maintenance payments unless the Bankruptcy Court specifically permits modification proceedings. Get Creditor Information as Quickly as Possible . If you and your spouse have separated, you should make a rapid assessment of your creditors.