Should I file for divorce before I file for bankruptcy? 27 Answers as of November 28, 2011

The ideal scenario would be to get the divorce completed and then file for Bankruptcy. However, you can go ahead and file for Bankruptcy if you are in need of protection right now. Understand that domestic support obligations are not dischargeable and if you are ordered in the divorce decree to pay any debt that is joint or in your wife's name, you will have to pay that debt regardless of the discharge.

The answer lies in whether you want a bankruptcy or marital estate to be created first. Bankruptcy typically looks to legal title and a divorce court may move title around to balance equities. You should pay a bankruptcy lawyer for a consultation to go over the pros and cons with you.

You could stop making payments debts sooner if you filed bankruptcy first. You don't mention if your wife is jointly liable on any of these debts. That could also make a difference.

Generally, I advise that you file the bankruptcy first. Sometimes, if the circumstances aren't right, I say the opposite. I would consult with an attorney to see if you are in the majority or not.

It may not matter which you file first. You have to live in Georgia 6 months before filing a bankruptcy here.

If you have no assets with her then you can file on your own, but remember that any debt that she co signed, she will still be responsible for after you get your discharge.

You can file separately whether you are living together or not. If you have no debts together, then there should be no issues. The only potential problem you may have is, if she has incurred some debt in her name for your benefit or both of you, she may ask the court to make you pay some or all of it in the divorce decree. If the court orders you to pay those debts you will not be able to add these debts after you have been discharged.

If you can afford to wait, it is safter to file for bankruptcy protection after your divorce.

Because your wife moved, she cannot file in the same judicial district as you. You have to live within the judicial district for 180 days prior to filing. At this point, I suggest you divorce then file for bankruptcy after the divorce.

Do not file either a divorce or bankruptcy without seeing a lawyer. As a general rule, filing a bankruptcy first can create a problem in that you do not yet know if the divorce court might again divide debts.

If you are married certain exemptions in bankruptcy are not available to you without a spousal waiver which requires your spouse's consent.

You can file under either scenario. The issue will be what debts you have jointly. You will be able to discharge all unsecured debts in a Chapter 7 bankruptcy, but if your wife is a joint debtor, then the creditors will pursue her for payment on those debts. In Georgia, any court ordered settlement associated with a divorce decree is not dischargeable in bankruptcy, so if you will be required to pay your wife after your divorce, a bankruptcy will not help in that regard. When filing a bankruptcy, you are normally required to include your spouse's income, regardless if the filing is for an individual debtor or joint debtors. However, if you can show that you have been separated from your spouse with no intention of reuniting, the Trustee is likely to waive that requirement. An attorney can better advise you based on the particulars of your situation.

You should speak to a bankruptcy attorney. Whether you should file bankruptcy before or after filing divorce depends on several factors (income, joint debts etc) which an attorney can discuss with you.

If assets are not an issue, it really will not matter which you do first.

I recommend divorce first. You could file here as long as she does not contest the divorce.

If you don't have any common debts (I.e. she's our guarantor in anything, or a joint credit card) then it won't be necessary to file for a divorce first.

If you are unable to file for divorce where you are it is unlikely that you will be able to file bankruptcy, since there is a 180 day residency in the bankruptcy court jurisdiction requirement.