There are good reasons to file for bankruptcy before divorce. If you and your spouse can file together, it eliminates the need to file twice and to pay for 2 petitions. Elimination of debt before you divorce means you have one less issue to negotiate. Also, if you and your spouse eliminate your debts together, you will not be responsible for your spouse’s debts. Even though your marital settlement agreement states that your spouse is responsible for his/her own debts, this provision will not protect you from creditors. Your marital settlement agreement does not bind your creditors. If you are struggling with the bills because you and your spouse separated or the bills piled up during the divorce, talk to a San Jose divorce lawyer who can point you in the right direction.
Written by Ekaterina Berman, a San Jose divorce and family immigration lawyer. My goal is to provide experienced and caring representation in family law matters to every client.