Bankrupcy and divorce

There is nothing stating that you have to wait to file the divorce, if you're jointly filing a chapter 7 bankruptcy. As long as you're married at the time of signing, that is all that matters in a chapter 7 bankruptcy or chapter 13 bankruptcy. Remember chapter 7 bankruptcy is usually last between 4 to 6 months from the time of filing the petition until you receive your bankruptcy discharge. In most states a divorce takes between six months to a year, or more. So until you actually receive a divorce judgment, the divorce process really has no bearing on if you can file joint chapter 7 bankruptcy case. As a practical matter I would always wait until the divorce is over to file a chapter 7 bankruptcy, as you may be placed and a financial situation you have not considered before their divorce has been completed. But as long as you're still legally married at the time of filing a chapter 7 bankruptcy, there is no legal reason to wait to file for divorce.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147