Should I wait to file bankruptcy after my divorce, or should we do it together before the divorce is finalized?

Do it together.

If you wait to file bankruptcy after your divorce, odds are that both of you will need to go bankruptcy, and now you’ve just doubled the court fees and attorney’s fees for filing two separate bankruptcy cases.

You may kid yourself that your ex-spouse is going to have to pay all of the debt in the divorce decree.  Because of this, you assume that creditors will leave you alone since the divorce decree says that he is liable.  Unfortunately, creditors don’t care what the divorce decree says.  It only governs the relationship between you and your ex.  Creditors will go after both names on the account.

The only reason you wouldn’t file bankruptcy together is if your combined household income pushes you out of a chapter 7 in chapter 13 repayment territory.  Then, you probably do want to wait to file.

Now if you have filed for divorce but it isn’t finalized yet, you are still technically married, and you can still file bankruptcy together.  If the decree is going to be finalized on Friday, then you’d better file bankruptcy on Thursday before the judge signs it.

This is not legal advice.  If you need help go to www.robertspaynelaw.com.

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