As a bankruptcy attorney, I have a special interest in the overlapping issues with bankruptcy and divorce. So often, those two problems go hand in hand. Most people hate the thought of going through a bankruptcy proceeding, but in fact the process can really help some people get rid of overwhelming debts from their past and move forward toward a brighter future. Divorcing couples with debt problems may benefit from doing a joint bankruptcy case before a divorce case. This can save money and much anguish fighting over debts that the couple will have no ability to pay once they live in separate households.

Also, often parties after a divorce find themselves in the unfortunate position of being unable to manage the expenses of separate households. Divorce often leaves women financially devastated and they may need to look at various alternatives to resolving debt problems. If one spouse files bankruptcy, this may force the other spouse (or ex spouse) to do the same, because the creditors are likely to pursue the nonfiling spouse for payment of any joint debt.

The good news is that since the bankruptcy laws changed in 2005, debts for support and divorce related property settlement debts cannot be discharged in a Chapter 7 bankruptcy case. This means that it is much more difficult for a person to eliminate debts to a former spouse by filing bankruptcy.

Most bankruptcy attorneys offer free consultations. It is important when choosing an attorney to find someone that is compassionate, available, and very knowledgeable of the particular area of the law.

Diane Brazen Gordon
Law Office of Diane Brazen Gordon