Bankruptcy and Divorce

Get The Answers You Need About Divorce And Bankruptcy

Two legal issues that no one ever expects to face: divorce and bankruptcy. If you are divorced or considering divorce and facing serious debt problems, our experienced Grand Rapids bankruptcy attorneys can help you understand your options. We have lawyers on our legal team who are board-certified consumer bankruptcy law specialists.

Divorce is one of the leading causes of bankruptcy. In most cases of divorce and bankruptcy, both spouses have debts that cannot be paid. Many clients who are filing for divorce argue over who should pay the debt or that each spouse should file separate bankruptcies.

However, this approach often leads to unnecessary confusion and discord as both ex-spouses end up arguing in court over who pays what debts. As an alternative, we often suggest that couples in this situation consider filing a joint bankruptcy prior to the finalization of divorce to make the settlement of debt easier to accomplish.

Post-Divorce Bankruptcy

In the aftermath of many divorce cases, the divorce decree requires one of the spouses to pay the majority of the couple’s debt obligations. Clients in this situation want to know if bankruptcy can absolve them from those debts. We often suggest that the couple consider filing bankruptcy together before the divorce is finalized. If this is not possible it is still a good idea to consult with an experienced bankruptcy attorney about options.

In Chapter 7 bankruptcy, debts arising from a divorce decree are not dischargeable. However, these debts can be reorganized and possibly reduced in a Chapter 13 bankruptcy filing to make the payments easier to manage. Neither child support nor spousal support is discharged under either chapter of bankruptcy.

If you’re considering a divorce contact our Grand Rapids office today through our contact form or call us directly at (616)-784-1700 for more information on a free consultation with our bankruptcy attorneys.