I usually recommend that divorcing spouses file a joint bankruptcy before the divorce is final. That way you are only dividing property, and not debts.

Answer Applies to: Michigan
Replied: 10/14/2011

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If she is legally your ex-spouse then you have no legal impediment to filing your case simultaneously with your EX-wife. If she is your "soon to be" ex wife then you may have to wait until her case is finished. If you are still married and not legally divorced I advise that you try to file together.

Answer Applies to: California
Replied: 10/6/2011

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A couple who is divorcing can file a joint petition or separate petitions. If there are two separate filings each will be administered separately from the other.

Answer Applies to: California
Replied: 10/5/2011

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You question is unclear.Is she your spouse or your ex-spouse?If she is still your spouse, even though you are in the divorce process,you are still married and can file a joint petition as a married couple.There may be some financial advantages to that - for example, it will probably be less expensive for the two of you to file a joint petition than for you to file separately. If you are actually divorced, however, the you would have to file separately. In either case, it shouldn't make any difference whether you file at the same time or at different times.

Answer Applies to: Virginia
Replied: 10/3/2011

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Bankruptcy can affect divorce and vice versa. Timing matters and you need a lawyer for both cases to determine the timing. If you cooperative, you may save money with a joint bankruptcy filing BEFORE the divorce. Discuss that with your lawyer.

Answer Applies to: Georgia
Replied: 10/3/2011

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There is no rule or requirement that you all file together. It would be a good idea to coordinate your efforts but if you cant do that, file away.

Answer Applies to: Florida
Replied: 10/3/2011

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You can file at the same time as your ex-spouse. Her filing can affect you because if you are a co-debtor and you DONT file, then the creditors can try to collect from you. However, you willneed to determine if you qualify. Just because your former spouse qualifies, doesnt mean that you do.

Answer Applies to: California
Replied: 10/3/2011

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She's smart and you should follow her lead. Always better for both spouses to file Bankruptcy before divorce. That way, nobody can get assigned any of the debt, because there is no debt - it's discharged.

Answer Applies to: California
Replied: 10/3/2011

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It doesn't matter about the timing given that your spouse filed. Thus, you can file at anytime you want.

Answer Applies to: Colorado
Replied: 10/3/2011

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Either spouse filing for bankruptcy subjects all community property and all community debt to the bankruptcy court. What is left for the other spouse to deal with is separate assets and debt. The distinction is when the two of you began to live separately and apart with no intention of ever getting back together. Whether or not the assets and debts are in joint names does not matter. The issue is when they were acquired. If during marriage prior to separation they are community property. If acquired by gift or inheritance, before marriage and not commingled, or after separation, they are separate property.

Answer Applies to: California
Replied: 10/3/2011

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There is nothing in the Bankruptcy Code prohibiting you from filing bankruptcy at the same time as your ex-spouse. There also may be certain advantages to both of you to coordinate your bankruptcies with your divorce proceeding, and, depending on the status of your divorce proceeding, your relationship with each other, and the kinds of debts and assets you have, there may be an advantage to file together. Remember, bankruptcy is complicated and becomes even more so when combined with a divorce proceeding. Get some good legal help, be careful, and think it through.

Answer Applies to: Maryland
Replied: 10/3/2011

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Yes you can both file. If you're on speaking terms, you can also file jointly and save one filing fee. Get a consultation with a knowledgeable local bankruptcy lawyer so you handle the property issues correctly.

Answer Applies to: California
Replied: 10/3/2011

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Yes, you can file bankruptcy at the same time as your ex spouse, but you probably can't use the same attorney due to conflict of interest concerns.

Answer Applies to: Colorado
Replied: 10/3/2011

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All of the same exemptions should still apply for you as a married couple, since you are not yet divorced. However, if you have any assets that are being divided in the divorce that would bring either party over the exemption amount, the trustee can give you or her problems and make an attempt to seize those assets. If there are no assets, then it should have no effect. Divorces can be particularly tricky, so you should speak to a local bankruptcy attorney in more detail about your case specifics.

Answer Applies to: New York
Replied: 10/3/2011

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Yes you can file your own case. If the divorce is not final you can file together (it is cheaper to do that). If you have assets you need to see a lawyer.

Answer Applies to: California
Replied: 10/3/2011

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Yes you can also file. You would just file as married filing separately and then designate that you have separate households. If you do not file and she does, the joint assets would then become your sole responsibility, regardless of what the divorce decree states.

Answer Applies to: Utah
Replied: 10/3/2011

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Bankruptcy seems to go hand in hand with a divorce. The divorce court will allocate debt between and your soon to be ex. When your ex files BK her debts will be discharged. If any of that debt is also your debt the creditors will try to recover from you. You may have to file BK. Please note that child support/alimony/maintenance obligations cannot be discharged in BK. This can get very complicated. If this reply does not help follow up with more detail.

Answer Applies to: Colorado
Replied: 10/3/2011

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You can file bankruptcy at the same time though not jointly. I would not attempt to use the same attorney.

Answer Applies to: Oregon
Replied: 10/3/2011

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Generally, if you are not yet divorced, you can file together (assuming that you are on speaking terms) and would save a lot of money. Otherwise, yes you can file separately at the same time, but be sure you tell your bankruptcy lawyer because you don't want to have different values/balances on assets or debts that are in both of your names. Good Luck!

Answer Applies to: Michigan
Replied: 10/3/2011

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You can both file at the same time. If you still get along fairly well and your attorney agrees, you might save money by filing together. If you decide to file separately, each of you will have to list everything in the bankruptcy but the one who files second will have to add the fact that the other filed first and has a pending bk and list the case number. Talk to your attorney, or consult with one. Good Luck.

Answer Applies to: California
Replied: 10/3/2011

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If you live in California and use the exemptions under California Civil Code 703, only one of your can use them, which may cause problems for the other spouse in trying to exempt all of their property.

Answer Applies to: California
Replied: 10/3/2011

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You should file together (so long as the marriage has not been terminated) to save money. That way you can clear all the debts and make a divorce simpler and more economical. You can both go to the same attorney for a consultation.

Answer Applies to: California
Replied: 10/3/2011

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