As a Riverside bankruptcy lawyer, we can assist you in filing for bankruptcy so you can clear up your debts and begin to live life without the cloud of debt collectors hanging over your head. We understand how stressful that can be, and have helped many couples through the bankruptcy process. Since the stress of money and debt is one of the leading causes of divorce, it is no wonder that couples often approach us around the same time they are talking about separating. If you are in that situation, we encourage you to call our office and schedule a consultation to discuss your specific case. In the meantime, here is an FAQ list for your review:
When should we file for bankruptcy?
You can file for bankruptcy at any time. Based on the type of bankruptcy you apply for, there will be certain qualifying factors that must be met. However, when you talk about coordinating a bankruptcy with a divorce, this is a decision that often needs to be discussed with yourself, your spouse, your family attorney, and our law firm as your bankruptcy attorney. If possible, this will be in your best interest because it will help things go more smoothly.
Can we file for bankruptcy as part of the divorce process?
No. Your divorce case will go through family court whereas your bankruptcy will go through bankruptcy court. These are entirely different court systems, and your cases will be heard by different judges, so you also need two specific attorneys.
What happens if I want to file for bankruptcy and my spouse does not?
As a Riverside bankruptcy lawyer, we can file bankruptcy on your behalf when you’re either legally separated or divorced. When there has been a division of assets, you have the right to dispose of those assets however you want. This means you have the right to file for bankruptcy even if you and your spouse still have some joint assets. While they have a say in what happens financially during your marriage, that is over once the divorce decree has been finalized, so long as you live within the confines of the judge’s orders.
Who will pay for the legal fees?
In bankruptcy, you are typically charged a flat fee and who pays for it will be based on whether you are both filing or if you are waiting until the divorce is over to file. We can sometimes request for the fees to be included in your Chapter 13 bankruptcy as well.
When filing for bankruptcy influence, who will get the house or cars?
If you are going to file for bankruptcy and choose not to maintain the home or vehicles, you should disclose that because your spouse may choose to keep them and continue to pay for them. In this case, you could be awarded other comparable assets that may not have debt tied to them. This, however, will be determined during your divorce trial with the help of your family attorney.
Schedule a Consultation
For help, call a Riverside bankruptcy lawyer today.