Can I file divorce if we just filed bankruptcy? 50 Answers as of June 26, 2013

We have a 4 years old daughter, and our marriage is over 10 years. I want to divorce but my wife does not. She told me she won't sign any paperwork.. My question is can I still file divorce on my side and will my finance status (bankrupt, no income) affect the divorce process? Thanks.

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Heupel Law
Heupel Law | Kevin Heupel
You can exempt up to $50,000 of cash value life insurance except any increases within the last four years are not protected. In your situation; however, it is not a life insurance policy that you own, and thus, it is not protected. Whether you would lose the funds would depend on when you filed bankruptcy and when your father passed. Typically, any inheritances received within six months of filing bankruptcy are lost to the bankruptcy trustee.
Answer Applies to: Colorado
Replied: 8/9/2011
Heupel Law
Heupel Law | Kevin Heupel
You can file divorce at any time, but any property awards could be delayed while the bankruptcy is still pending. Typically, it is best to wait until the bankruptcy is concluded before filing divorce.
Answer Applies to: Colorado
Replied: 8/9/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You can file for a divorce but while the bankruptcy is pending, the divorce action will be stayed.
Answer Applies to: Washington
Replied: 8/5/2011
Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
yes
Answer Applies to: Rhode Island
Replied: 8/3/2011
Ray Fisher Law Offices
Ray Fisher Law Offices | Ray Fisher
Yes you can. Talk to your divorce lawyer about how your bankruptcy will affect the divorce.
Answer Applies to: Texas
Replied: 8/2/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    You can file for divorce regardless of your wife's intentions. While Bankruptcy may affect the strategy of how your divorce plays out, and how your Bankruptcy proceeds, it will not prevent you from getting a divorce. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 7/31/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    You can file for divorce. Even if your Wife refuses to sign any paperwork, you can file, have her served and begin the process. I suggest you hire an attorney.
    Answer Applies to: Massachusetts
    Replied: 7/31/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    I'm unclear as to where you are with the bankruptcy. If discharged, you may file. If not check with your bankruptcy attorney. Please see a local domestic relations attorney for further information.
    Answer Applies to: Ohio
    Replied: 7/31/2011
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    you can file a bankruptcy AND a divorce case without your wife's "consent." You will want to make sure that in the divorce matter you do not obligate yourself to Indemnify (or, legallly protect her) from any creditor for whom you have joint liability. The divorce decree can create an obligation to pay a debt on behalf of the other spouse, even if the debt on your side of the ledger is discharged in bankruptcy. Your wife's income can affect your eligibility to file a Ch 7 bankruptcy case so you should talk to a qualified bankruptcy attorney asap.
    Answer Applies to: Ohio
    Replied: 7/31/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    You can file for divorce. Utah is a no-fault state. If you want a divorce, the Court will grant one. The bankruptcy estate may impact the marital property until the bankruptcy has been closed. The Bankruptcy Court will not get involved in the domestic affairs between you and your spouse regarding custody or other child support issues. Lewis P. Adams Attorney at Law (801) 676-1950
    Answer Applies to: Utah
    Replied: 7/31/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Please contact a bankruptcy attorney to understand your rights in this area of the law.
    Answer Applies to: California
    Replied: 7/31/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    Bankruptcy has no relation to divorce except both can be very liberating.
    Answer Applies to: Mississippi
    Replied: 7/31/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    It could, if she demands support and child support. But you have no debts of your own, and probably no joint debts, so there's probably nothing she can do there. But GET AN ATTORNEY TO HELP YOU! Divorce can be ugly and you'll need someone watching out for your interests.
    Answer Applies to: Virginia
    Replied: 7/31/2011
    Durgin Law, LLC
    Durgin Law, LLC | Pearl Hsieh
    Lots of people do both bankruptcy and divorce. Your divorce attorney will actually be happy that you filed bankruptcy first.
    Answer Applies to: Kansas
    Replied: 7/31/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You can get a divorce if you want one; while your wife can try to disagree on the issues and have the time and money necessary for the process thereby increased, she cannot stop the divorce from happening. In regard to how the bankruptcy Impacts the divorce process you need to have a consultation with an experienced family lawyer on that matter. Feel free to contact me if you would like a consultation appointment.
    Answer Applies to: Georgia
    Replied: 7/30/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Double check with your bankruptcy lawyer as to whether the bankruptcy stays the filing of a divorce. When you do file the divorce, you can get divorced even if your wife refuses to sign anything. It just may mean that it has to go through a trial if the two of you cannot come to agreement on the terms of the divorce, or it could mean you could complete the divorce by default if she refuses to even involve herself in the divorce. Your financial status does not affect the divorce process itself, but it will affect the outcome, especially in areas like calculation of child support.
    Answer Applies to: Washington
    Replied: 7/30/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Yes. You can still file for divorce after filing bankruptcy. However, the divorce may end up being put on hold until the bankruptcy case is finished (although you would be well advised to check with a bankruptcy attorney to confirm this). Once the bankruptcy is over, then, the divorce would proceed normally. The bankruptcy, once is it completed, may make the divorce a little easier. I say this because most, if not all of the debts should be gone. Therefore, you won't have to fight over how to divide them.
    Answer Applies to: Washington
    Replied: 7/30/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Yes
    Answer Applies to: Maryland
    Replied: 7/30/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    One person can file divorce without the other's consent. It will be a contested divorce, and with children involved you will need to spend a lot of money on lawyers.
    Answer Applies to: Georgia
    Replied: 7/30/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    Yes, you can still divorce even if you have filed bankruptcy. Your wife does not need to sign any documents in order for you to obtain a divorce. Your financial status will not have an impact on the process except that you will likely need to pay for an attorney. Since the debts have been eliminated through the bankruptcy, the only issues will be custody, support, and property division (if there is any).
    Answer Applies to: California
    Replied: 7/30/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    Generally, you are allowed to file for divorce after a bankruptcy and without your wife's consent. I would highly recommend consulting with an attorney regarding the process in your state.
    Answer Applies to: Oregon
    Replied: 5/3/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    I would imagine you are going to have to speak with the Bankruptcy attorney, but would think you could file for divorce, potentially getting an order dissolving the marriage, but staying the distribution or judgment as to the financial estates, absent leave from the Bankruptcy court to proceed in the Domestic Relations court. Stay well.
    Answer Applies to: Alabama
    Replied: 5/3/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    It is possible to divorce in the middle of a bankruptcy, but you need to be very careful. The divorce generally affects the finances. So, the divorce can run afoul of the bankruptcy. Your Bankruptcy attorney and divorce lawyer need to be able to communicate so that one does not toss the other.
    Answer Applies to: Texas
    Replied: 5/2/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You can still file for divorce even if your spouse has indicated an unwillingness to sign paperwork. The filing of the divorce will force your spouse into action. If your spouse does nothing, then a default will be entered against her. The bankruptcy may actually help to simplify the matter as your debts and assets have most likely already been settled by the bankruptcy. However, it does cost to file. Please contact me to discuss your options.
    Answer Applies to: Florida
    Replied: 5/2/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Bankruptcy court is not a divorce court. The family law court has jurisdiction as to all divorce issues. Bankruptcy will not affect the divorce court orders or procedures.
    Answer Applies to: California
    Replied: 5/1/2011
    Law Office of John C. Volz
    Law Office of John C. Volz | John C. Volz
    Yes, you can still file divorce. It will have no effect on your bankruptcy. Your wife does not need to sign paperwork as California is a no fault state.
    Answer Applies to: California
    Replied: 4/29/2011
    Benson Law Firm
    Benson Law Firm | David Benson
    Yes, you can file for divorce during a bankruptcy case, but typically all property division is stayed until you either receive a discharge or get permission from the bankruptcy court to proceed to divide your assets. Your bankruptcy counsel should be able to advise you as to timing, given your particular circumstances and under what chapter you've filed.
    Answer Applies to: Ohio
    Replied: 4/29/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Yes and yes. The court will probably wait until the bankruptcy is finalized so that the status of what is in the marital estate is clear. If it is an uncomplicated bankruptcy it should not take too long. But you will be able to divorce.
    Answer Applies to: Connecticut
    Replied: 4/29/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, you can file for divorce without anyone else's signature and the bankruptcy won't necessarily be an impediment. Consult with a local divorce lawyer. Good luck.
    Answer Applies to: New York
    Replied: 4/29/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Filing a bankruptcy petition is not a bar to filing for divorce. As for whether it affects the issues in your divorce, such as dividing debts, spousal support if applicable; yes, it likely will. As for your wife's claim of refusing to participate in the divorce process, such threats are common and typically are not followed through. Yet, if she was true to her word, then you could proceed by default. Given the facts you stated, it would be best to hire a local family law lawyer to assist you with your divorce.
    Answer Applies to: California
    Replied: 4/29/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes, you can file for divorce. As for how the bankruptcy proceeding would affect the divorce, you'd need to discuss that with a family law attorney. For sure the family law court cannot make any ruling on disposition of assets until after the bankruptcy case is closed, but the divorce process itself can commence.
    Answer Applies to: California
    Replied: 4/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A bankruptcy does not bar a person from seeking a divorce. An agreement by the pather party is not necessary. However, a contested divorce proceeding may last for some time and, if attorneys are involve, may be costly.
    Answer Applies to: Minnesota
    Replied: 4/29/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    The bankruptcy filing may delay the divorce, but you don't need her consent to file or obtain a divorce. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 4/29/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You can still divorce your wife - it doesn't matter that the two of you filed bankruptcy together.
    Answer Applies to: California
    Replied: 4/29/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    It should not affect it. You don't need your spouse's consent to file for divorce in California (no-fault state).
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    No bankruptcy will not affect your divorce. File away.
    Answer Applies to: California
    Replied: 4/29/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    Minnesota is a no fault state. You can get a divorce without your wife's consent.
    Answer Applies to: Minnesota
    Replied: 4/29/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You can file for divorce before, during, or after you file for bankruptcy.

    You have a young child, so there is a lot to talk about. Who will raise the child, what the financial arrangements will be to care for the child, and a lot more.

    Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 4/28/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You don't say, but apparently you and your wife filed for bankruptcy jointly. If so, that will simplify part of the divorce process because there should be minimal debt to be divided. You can file for divorce, but you should consult your bankruptcy attorney about the timing of filing and how that might affect the bankruptcy and vice versa. Depending your exact facts & circumstances, it might make a difference whether you file for divorce before or after the bankruptcy is final.
    Answer Applies to: Colorado
    Replied: 4/29/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Yes you can file divorce.
    Answer Applies to: California
    Replied: 4/29/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can file bankruptcy and for divorce at the same time. If there assets to divide you should consult with an attorney first.
    Answer Applies to: California
    Replied: 4/29/2011
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