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Hiring a Bankruptcy Lawyer During Your Divorce



If you are planning to get a divorce but also considering bankruptcy, you and your spouse face some complicated legal issues. If you have not yet filed for either bankruptcy or divorce, you should consult with both divorce and bankruptcy lawyers for advice. Bankruptcy and divorce are both serious legal issues that can have a substantial impact on your personal property and your personal finances.

You and your spouse will each need your own divorce lawyer. However, if you choose to file for joint bankruptcy, you can use the same bankruptcy lawyer.

When interviewing potential bankruptcy lawyers, make sure they understand that you are also planning to file for divorce. Similarly, when talking to potential divorce lawyers, be sure to discuss the fact that you expect to file for bankruptcy. Make sure both the bankruptcy and divorce lawyers have a thorough understanding of your legal issues so they can give you the most appropriate and comprehensive legal advice.

If your spouse does not want to file for bankruptcy or does not know that you plan to file for divorce, talk to bankruptcy and divorce attorneys on your own. You should not hide your potential bankruptcy from your divorce lawyer, or hide your divorce from your bankruptcy lawyer.

Questions for Bankruptcy & Divorce Lawyers

When interviewing prospective bankruptcy attorneys, consider the following questions:

  • Have you previously handled bankruptcy filings for couples that are also getting a divorce?
  • What are the pros and cons of filing for joint bankruptcy before our divorce or individual bankruptcy after the divorce?
  • What are my options if my spouse does not want to file for joint bankruptcy before our divorce?
  • What affect will it have on me if my spouse files for bankruptcy after our divorce is complete?
  • If we file for bankruptcy before the divorce, would you recommend that we both use the same bankruptcy lawyer, or should we have separate bankruptcy attorneys?

When interviewing prospective divorce attorneys, consider the following questions:

  • Have you previously represented clients going through both divorce and bankruptcy?
  • What problems or challenges would I face if I file for bankruptcy before or during my divorce proceedings?
  • If my spouse or I file for bankruptcy after our divorce is complete, what effect would that have on the debts we split during the divorce?
  • Are there special steps you'd recommend we take during the divorce proceedings to protect my interests in the event that my spouse files for bankruptcy after our divorce?

Once you've had a chance to speak to bankruptcy and divorce attorneys, you should have a better idea of how to proceed with both your divorce and bankruptcy filings.