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Should I file for a divorce before filing chapter 7?

Updated: 8/16/2019
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16y ago

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Every case is different, but if the two of you file a joint petition for bankruptcy before the divorce, you will both avoid problems. Consult a lawyer who knows both divorce and bankruptcy law.

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16y ago
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Q: Should I file for a divorce before filing chapter 7?
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Related questions

Does filing Chapter 13 during divorce discharge all community debts?

Avoid filing if you can. There is no easy way out. The option of filing will still be there after the divorce if that's best for you.


You have huge debt medium income do not want chapter 13 will divorce let us file chapter 7?

Divorce will not affect filing chapter 7. If the divorce is final, you will have to file separate chapter 7s. If the divorce is not final, or has not happened, you can file a joint chapter 7.


Does income count AFTER you file chapter 7?

A person's income does not count after filing chapter 7 bankruptcy. All that counts is what you had before filing bankruptcy.


Can i move after filing for divorce?

You should probably wait until the divorce is finale.


Can you sell your car and payoff the loan after filing chapter 7 before the discharge?

You should be able to do so, yes.


Divorce and effects of chapter 7 on non filing spouse?

Generally speaking, when one spouse files for bankruptcy, the non-filing spouse should not be effected by this because they are only filing as to their individual debts. They are still obligated to the joint debts they share with you. Additionally, if you are in the process of a divorce the fact that one has filed for bankruptcy does not extinguish his duties to pay the divorce settlement, child support, alimony, etc.


My husband and I are filing for divorce he is filing do I have to file too or should I just wait to get the paperwork from him and how long should I wait before I start with proceeding's?

If one party is filing the divorce it is not necessary for the other person to do so also. However, divorce can be an ugly and stressful process so you should get an attorney and have representation as soon as possible so that when the paperwork comes you are already prepared . And, having representation now will offer you legal advice for actions you should be taking already while the divorce is in progress.


Can you quit your job before filing chapter 7?

Only if you have filed chapter 6.


Is it a good idea to get marriage counseling before filing divorce?

i'd say.


Is it considered cheating if your husband started dating before filing for divorce?

Of course i does! Hes having an affair before filing for divorce, meaning hes still with you! ( unless of course you kicked him out of the house... but if hes sleeping on the couch it does not...)


What if your car was reposed after filing a chapter 13 dont you get it back?

If the Chapter 13 was filed before the car was sold at auction, you should get it back. Otherwise, it's too late.


once i file my divorce papers with the courts, how long do i have to serve him until the filing is expired?

You should wait for 60 days after Filing for divorce and you and your Spouse should ask the court to finalize a divorce.This time will begins on the day you file your divorce petition with the court.