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Effects Bankruptcy Can Have on a Divorce

Posted by attorney James Sansone

Jim addresses these debt relief and family law questions: 1. Can only one spouse file for bankruptcy? Yes, it is possible for only one household member to file for bankruptcy, keeping the other spouse out. 2. Does bankruptcy have an effect on divorce? It certainly can, particularly when one spouse attempts to avoid obligations created in a marital settlement agreement by filing for bankruptcy. 3. Should a person hire a lawyer if his other ex-spouse is filing for bankruptcy? If an ex-spouse is paying child support, spousal support, or owes a property settlement, his or her former partner should contact a bankruptcy lawyer right away. This is important because it is not always clear if a debt classifies as a domestic support obligation. 4. What can a person do when his or her former spouse has filed for bankruptcy? In bankruptcy, there are deadlines during which the creditor spouse must file pleadings to protect a position in bankruptcy court. The burden is on the spouse who is the innocent party to file an objection to the bankruptcy. 5. Can a child support payment be reduced? Yes, if you have a substantial change in circumstances.

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