Can I file divorce if we just filed bankruptcy? 49 Answers as of August 12, 2011

I would generally answer the question Yes. But without more info, it would be hard to say for sure.

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.

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.

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.

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.

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

Please contact a bankruptcy attorney to understand your rights in this area of the law.

Bankruptcy has no relation to divorce except both can be very liberating.

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.

Lots of people do both bankruptcy and divorce. Your divorce attorney will actually be happy that you filed bankruptcy first.

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.

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.

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.

Yes

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.

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).

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.

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.

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.

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.

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.

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.

You can file, and financial situations are obviously factors which are considered.

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.

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.

If one spouse insists upon the divorce, the court must grant the divorce. The bankruptcy just reduces the total marital debt.

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.

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.

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.

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.

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.

You can still divorce your wife - it doesn't matter that the two of you filed bankruptcy together.

It should not affect it. You don't need your spouse's consent to file for divorce in California (no-fault state).

No bankruptcy will not affect your divorce. File away.

Minnesota is a no fault state. You can get a divorce without your wife's consent.

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.

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.

Yes you can file divorce.

You can file bankruptcy and for divorce at the same time. If there assets to divide you should consult with an attorney first.