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Bankruptcy and Divorce

Olympia Bankruptcy Attorneys

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Divorce and Bankruptcy

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Divorce can have a big impact on your ability to pay your debts.  Where there was originally one household and in many cases two working spouses, now there are two separate households with in many cases twice the housing expenses and the same amount of debt.  The following are some issues to consider when filing for bankruptcy after a divorce.

1.        Community Debts:  You may be response for your ex-spouses debt.  Call debt incurred during a marriage is community debt.  Therefore, if your spouse incurred a debt during marriage you are legally responsible for this debt, even if you name is not on the debt and your signed no contact to incur the debt.

2.       Short Marriages:  Many times in short marriage, there is no community debt so all debts with your ex-spouse were incur by him or her prior to marriage.  You care not legally responsible for these debts and therefore do not need to file for bankruptcy to discharge them.

3.       If Your Ex-Spouse Files for Bankruptcy:  Your ex-spouse filing for bankruptcy does not protect you and discharge your obligation on community debts.  If you cannot afford to pay these debts, you may have to file fort bankruptcy separately.

4.       Child Support and Spousal Maintenance are not dischargeable.  This includes back support, no matter how old.

5.        Court Ordered Debts in Divorce Proceedings are Not Dischargeable if your Ex-Spouse Objects.

If you are ordered to pay any debts in your divorce decree or other court order in your divorce proceedings, your ex-spouse can still force you to pay the debt in divorce court.  If you are considering filing for bankruptcy, consult an Olympia bankruptcy attorney before your divorce case is filed.

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