Should I file bankruptcy or divorce first? 8 Answers as of May 13, 2015

My husband is an undocumented alien. We have been separated longer then we were together. Off and on for fourteen years. I was injured on the job. While I wait for SSI to kick in we acquired sets in my name he had no credit. In the meantime, I'm helping him with his case through l&I. We hadn't been living together. He managed to claim me on his percentage of wage twice a month. I helped him gain more than eighty thousand dollars. I did not receive a cent for my help. I would like divorce and some help with the debts. He did not help me financially with his child. I received no child support. If I win the lottery, would he be entitled to half?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Ronald K. Nims LLC | Ronald K. Nims
Your estranged spouse isn't entitled to your lottery winnings or any other assets or income. ?If you died, he would be entitled to a sizable chunk of your estate. You can file bankruptcy and it will discharge all your debts to him. ?Generally, I advise people to do the divorce first and then the bankruptcy but in your case (because the divorce won't affect any assets) it doesn't make any difference which comes first
Answer Applies to: Ohio
Replied: 5/13/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can do it either way.
Answer Applies to: California
Replied: 5/12/2015
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Timing is everything. You should consult with a Bankruptcy attorney as well as a divorce attorney. Bankruptcy will wipe out all debts and assets(with certain exceptions)you have on the date you file; there are also guidelines for non-discharge based upon certain income factors which I am totally unfamiliar with as I do not practice Bankruptcy law. Any assets acquired after the bankruptcy petition is filed and after a divorce is filed are separate property, so if you buy a lottery ticket after the date of filings, it would be separate property. Whether you file in bankruptcy will effect if you can claim economic fault against him in the divorce.
Answer Applies to: New York
Replied: 5/11/2015
Stephens Gourley & Bywater | David A. Stephens
If you are separated it does not matter which is first, unless he is going to file with you. If he will be seeking support from you I would file the divorce first.
Answer Applies to: Nevada
Replied: 5/11/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
Didn't you get an answer to this same question last week?
Answer Applies to: California
Replied: 5/11/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Winning the lottery does not seem to be the most immediate problem, although while you are still married and living in a marital property state, he is entitled to one-half the proceeds. The question you ask about which should be done first, comes up very frequently. To some extent it depends on the circumstances. If you both file a bankruptcy jointly, and then begin a divorce, it can make he divorce much much simpler, since there will be little or no debt to dispute about. You are free to file bankruptcy jointly even after you start a divorce so long as it has not yet concluded. Get a good lawyer.
    Answer Applies to: Wisconsin
    Replied: 5/11/2015
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    There are so many complex issues here that cannot be answered online. You need to call an experienced bankruptcy attorney, and a divorce attorney, right away, to discuss the best way to proceed.
    Answer Applies to: Illinois
    Replied: 5/11/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You can file the Bankruptcy by yourself even if married.
    Answer Applies to: Florida
    Replied: 5/11/2015
Click to View More Answers: