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Divorce and Bankruptcy

Learn about the relationship between bankruptcy and divorce and how one can impact your options in the other.

Marital problems and money problems often go hand-in-hand. The financial strain of going through a divorce is one of the most common reasons why people seek out bankruptcy relief. Learn more about the interplay between divorce and bankruptcy and what to look out for when deciding the best course of action - and its timing - for you and your family.

This page is your hub for learning about how divorce and bankruptcy affect each other.

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How to File Bankruptcy After a Divorce

Written by Attorney Paige Hooper
Updated July 25, 2023

If you’re filing bankruptcy after a divorce, your divorce can impact your assets, debts, income, and expenses. You’ll need to understand which parts of your divorce decree affect your bankruptcy and how to include that information correctly in your bankruptcy forms. You’ll need to send your divorce decree to your bankruptcy trustee. This article covers how to file bankruptcy after divorce more in depth.

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What You Need To Know About Divorce and Bankruptcy

Written by the Upsolve TeamLegally reviewed by Attorney Paige Hooper
Updated July 26, 2023

If you and your spouse get along, you can file Chapter 7 together before you get divorced. Doing so means you'll benefit from larger exemptions and you can wipe out marital debt to ease the divorce process. If you don't get along well, you may want to get divorced first and file your case individually later. Once you file your bankruptcy case, the automatic stay goes into effect, which will delay your divorce proceeding.

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Chapter 13 and Divorce

Written by Attorney Paige Hooper
Updated March 10, 2022

People who have secured debts like a mortgage or car loan can file Chapter 13 to catch up on past payments and keep their property. If you’re getting divorced and you plan to file Chapter 13, you’ll want to consider the timing of your bankruptcy filing. Many people find that it's best to file Chapter 13 after their divorce is final. This article explains the pros and cons of filing before, during, or after a divorce.

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Divorce and Foreclosure: How Each Affects the Other

Written by Natasha Wiebusch, J.D.
Updated November 22, 2021

If a marital home is at risk of being foreclosed upon, the choices made in a couple's divorce process can significantly impact how that foreclosure risk is resolved. Who - if anyone - wants to remain in the house tends to affect the outcomes of these processes the most.

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