Divorce or Bankruptcy - Which Comes First?

For many couples, divorce and bankruptcy become inexorably linked. Whether the financial troubles added stress to a marriage in trouble or the two parties wish to start their new lives with a clean financial slate, it is crucial to contact a skilled divorce attorney as soon as possible.

At the Law Office of Ralph L. Williams, we are regularly asked whether bankruptcy needs to be filed before or after the divorce. Unfortunately, there is no easy answer. Each situation is vastly different - and we will carefully examine your finances before providing clear direction regarding your best course of action. In all situations, however, it is wise to discuss your dilemma as quickly as possible with a lawyer. If a debtor has received a judgment to garnish your wages or a lender has started foreclosure proceedings, time is of the essence.

Divorce And Bankruptcy In Vista And Throughout California

Depending on your assets, debts and income level, you might have to choose between Chapter 7 bankruptcy and Chapter 13 bankruptcy. Chapter 7 is debt elimination bankruptcy and the goal is to remove as much dischargeable debt as possible and start with a fresh financial slate. Chapter 13, conversely, is a debt reorganization and repayment program. Individuals with multiple properties or high wages might be forced to file Chapter 13 depending on the means test results. As a skilled divorce and bankruptcy lawyer, attorney Ralph L. Williams is well-positioned to explain the costs and benefits regarding when and what to file.

When facing divorce, it is important to ensure that your finances are thoroughly examined. Whether for property division, the determination of spousal support or the possibility of filing for bankruptcy, it is wise to seek the counsel of an experienced attorney. We will carefully separate marital debt from nonmarital debt and give you clear answers regarding what debts are dischargeable and how best to proceed.

Contact The Firm

If you have further questions regarding divorce or family law, contact the Law Office of Ralph L. Williams for a free 30-minute consultation. We can be reached at 760-407-2783 or through our convenient online contact form. Our office is in Vista located just north of Vons Shopping Center on Civic Center Drive. Se habla espanol staff is available.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.