Can you file bankrutpcy after divorce? 28 Answers as of September 26, 2013

Can I file bankruptcy with my ex-wife after we are divorced? Or do we need to be legally married to file bankruptcy together?

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Marc S. Stern
Marc S. Stern | Marc S. Stern
You can only file a joint petition if you are married.
Answer Applies to: Washington
Replied: 9/26/2013
Olivier Law, LLC
Olivier Law, LLC | Jason Olivier
You would each file individually after the divorce is granted as the marital community of funds is no more. Assuming you did your community property settlement, she has hers and you have yours.
Answer Applies to: Louisiana
Replied: 9/25/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You have to be legally married to file together.
Answer Applies to: California
Replied: 9/24/2013
Elkington Law
Elkington Law | Sally Elkington
You have to be legally married to file a joint bankruptcy.
Answer Applies to: California
Replied: 9/24/2013
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
You can file bankruptcy after your divorce and your ex-wife can file bankruptcy. You can't file together as you are no longer married.
Answer Applies to: California
Replied: 9/24/2013
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    No. You may not file a joint bankruptcy with your ex. You will both have to file separately.
    Answer Applies to: Ohio
    Replied: 9/24/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You cannot file a joint petition with your ex. You will have to file two separate petitions.
    Answer Applies to: Nevada
    Replied: 9/24/2013
    Stephens Gourley & Bywater | David A. Stephens
    You have to be married to file a joint petition. You will have to file separate petitions after you are divorced.
    Answer Applies to: Nevada
    Replied: 9/24/2013
    Law Office of David T Egli | David T. Egli
    If you are legally married, you can file a joint bankruptcy with your wife. After you are divorced, you cannot file a joint petition with your ex-wife. If both of you want to file bankruptcy, you'll each have to file your own petition.
    Answer Applies to: California
    Replied: 9/24/2013
    The Bankruptcy Center | Meredith P. Ezzell
    You need to be legally married in order to file a joint bankruptcy case.
    Answer Applies to: North Carolina
    Replied: 9/24/2013
    Stuart Jon Bierman  Attorney at Law
    Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
    You and your ex can both file for bankruptcy, but you would have to do it as individual filers, not as joint or married filers. The good news is that an attorney can prepare petitions for both you and your ex-wife at the same time & save both of you money.
    Answer Applies to: New Jersey
    Replied: 9/24/2013
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