You can wait to file unless there is a pressing reason to file like foreclosure, garnishment, etc.

Answer Applies to: Georgia
Replied: 1/11/2012

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You can file and it will not affect your ex-spouse's credit. They will, however, have to pay for any joint debts you discharge.

Answer Applies to: North Carolina
Replied: 1/9/2012

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If you are married and filing a separate petition you must list all creditors, including community property debts. The filer's bankruptcy will not show up on the credit report of the non-filer.

Answer Applies to: California
Replied: 1/6/2012

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The short answer is "Yes," you can file for bankruptcy before all accounts have been transferred pursuant to a divorce decree. As for the affect on the credit of your spouse, there should not be any except that any joint obligations will now have to handled by him or her exclusively. But that should not come as a surprise and certainly will not affect your divorce decree.

Answer Applies to: Illinois
Replied: 1/6/2012

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If you file for bankruptcy now your divorce can not be finalized or entered before the bankruptcy is discharged (which take approximately 4 to 6 months). I'd suggest if you are close to finalizing your divorce you wait and file for bankruptcy after your divorce is entered. Be sure that there is not a clause in your divorce judgment limiting you from being able to file for bankruptcy.

Answer Applies to: Michigan
Replied: 1/6/2012

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He will be affect because of joint debt (even after you are divorced) unless he pays those accounts. Otherwise, it does not matter. You can file now.

Answer Applies to: California
Replied: 1/6/2012

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You can file for bankruptcy while your dissolution is pending, but it may put your dissolution on-hold until your bankruptcy is completed. This is because of the automatic stay in bankruptcy and because the bankruptcy trustee assigned to your case may have an interest in any non-exempt assets you have. One of the main misconceptions about divorce is that a divorce settlement effectively divides your debts. While you and your ex may come to some agreement about splitting debt, or the court may impose that division on you, the reality is that your creditors don't care about what your divorce says. They are not parties to your divorce and the court has no authority to tell the creditor who is now responsible for the debt. If you have joint accounts with your ex, they will still be joint accounts after the divorce, regardless of what your divorce decree says about who is supposed to pay those debts. Whether you file before the divorce is final or after, the fact is that your ex will be affected by you filing.

Answer Applies to: Washington
Replied: 1/6/2012

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If you have joint debt them there may be an affect to your spouse's credit. But in your question yes you can file now.

Answer Applies to: Florida
Replied: 1/6/2012

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You can go ahead and file. There's no need to wait. It will not affect your spouse's credit. However, they would be wise to check their own credit about 90 days after you file. Credit reporting agencies often make mistakes and they will occasionally "assume" that the spouse filed also.

Answer Applies to: Ohio
Replied: 1/6/2012

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If you file for chapter 7, then you will no longer be liable for that debt and she will still remain liable for joint accounts. If you are not divorced yet, you may want to look into filing together still.

Answer Applies to: New York
Replied: 1/6/2012

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You should hire a competent bankruptcy lawyer like me. My firm helps people like you. We also practice in the Divorce area. There are risks and benefits to filing before the divorce is final. The benefits include the ability to use the entire family to determine the family median income for the bankruptcy abuse and means test analyses. The risks include that you may discharge obligations to your creditors, but your divorce judgment may create additional non-dischargeable obligations.

Answer Applies to: Illinois
Replied: 1/6/2012

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Generally I would recommend that you wait until your divorce is final. The bankruptcy court won't do anything usually until they get a copy of the final divorce judgment because they want to see if you either go or gave assets, they also want to see how the debt is split up. Any joint debt that you discharge, she would be responsible in full. Also many divorce agreements have the condition that you cannot go bankrupt on the joint debts or she can sue you for damages.

Answer Applies to: Michigan
Replied: 1/6/2012

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Since you are contemplating divorce and in the process of divorce, any bankruptcy filing will likely affect your soon to be ex-spouse. If you are awarded responsibility for certain debts in the divorce agreement and you file bankruptcy on them, the creditors have the right to pursue your ex-spouse to collect the debts. Because Wisconsin is a community property state, each spouse can be held liable for debts incurred during the marriage. You should include a statement in your divorce agreement that you intend to file bankruptcy and your spouse agrees not to object to any debts filed. Without this language, your spouse can file an adversary suit in your bankruptcy case and object to your discharge of the marital debts if the creditors pursue him/her to collect them. You should consult with a bankruptcy attorney about your options as this is a confusing issue.

Answer Applies to: Wisconsin
Replied: 1/6/2012

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You should get counsel. Mistiming the two cases can be a catastrophe for you in BOTH cases, especially since the judge in the divorce can penalize you financially for filing. You should have a lawyer for both cases who will determine the right order based on the facts of both cases. Do this pro se, and mistime and you will have two very bad days in court and will likely end up paying debts you tried to wipe out.

Answer Applies to: Georgia
Replied: 1/6/2012

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Yes, you can file but it MIGHT be in your best interest to wait until the divorce is final. Since your divorce is not final, you may be able to file a joint case if your soon to be ex is interested in filing with you.

Answer Applies to: Georgia
Replied: 1/6/2012

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If you are not living together, you can file a bankruptcy declaring that you are married, not filing jointly, with declaration of separate households. If you file this way, you do not have to include your spouse's income in the means test. If you are still living together, you can file as married, not filing jointly without declaration of separate households in which case his income would be considered in the means test. If he does not file with you, his credit will not be harmed; however, his legal obligations to pay on the debts will not go away as the discharge order from the judge would only release your legal obligation in the debt. I suggest that you make an appointment with an attorney to discuss your rights and concerns. Most bankruptcy attorneys will offer a free initial consultation. I hope you found this answer useful.

Answer Applies to: Florida
Replied: 1/5/2012

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You can file for bankruptcy at any time. The issue will be is it best now or later. Consult your divorce attorney and a bankruptcy attorney to see what is best for you. But you can file at any time it is just trying to see what is best in your case. For personal advice in your case, you really need legal assistance.

Answer Applies to: California
Replied: 1/5/2012

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You may file for bankruptcy anytime. The joint debt will still be joint even after the divorce as far as the creditor is concerned. The divorce decree may require one of the spouses to pay a joint debt. But, both spouses could still be sued if the debt is not paid.

Answer Applies to: Virginia
Replied: 1/5/2012

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File before the divorce is final. Might save you a lot of headaches that could take place if the divorce is final and the debts were assigned to one spouse of another, thereby making them potentially non-chargeable.

Answer Applies to: California
Replied: 1/5/2012

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You shouldn't hurt your soon to be ex-wife's credit by filing for bankruptcy while you are still technically married. She will still be responsible for debts that are jointly held even though you have filed for bankruptcy.

Answer Applies to: New York
Replied: 1/5/2012

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The interchange between divorce and bankruptcy is a mine field. Seek qualified counsel. One of many issues: in order to claim certain California exemptions, a non-filing spouse is requested to sign a waiver-which they may refuse to do (though such refusal may be prejudicial to the party that refuses).

Answer Applies to: California
Replied: 1/5/2012

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Legally, you can file before the divorce is granted, but discharging community debts will result in her being solely responsible for the entire debt (unless she files separately or together with you).

Answer Applies to: California
Replied: 1/5/2012

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Sometimes it is best to file a joint bankruptcy prior to a divorce and then it is easier to divide the debts and assets. If you file on your own your ex will still be responsible for the joint debts. If you agree to pay them in the divorce you will still be ordered by the divorce court to make payments even if you have had them discharged in bankruptcy.

Answer Applies to: Colorado
Replied: 1/5/2012

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