Relationship Between Divorce and Bankruptcy
Divorce complicates bankruptcy. At the Miami law firm, Ferrer Shane, PL, our lawyers counsel people on the effect of divorce on bankruptcy. We are a small firm and provide our clients with the personal attention they need during stressful times. We answer questions, review options and help people make some of the most important decisions of their lives.
Effects of Bankruptcy on Divorce
- If you have divorced and the settlement included an agreement by your ex-spouse to pay joint debts.
- If you have filed for divorce and your spouse files bankruptcy, the divorce settlement will wait until the bankruptcy is finalized and it becomes clear what property remains after a discharge or reorganization of the debts of your spouse.
There are ways to protect yourself from these scenarios involving marital debt. Our attorneys can advise you about your options in this complex area that involves both family law and bankruptcy.
What Doesn't Change Because One Spouse Files Bankruptcy?
A spouse cannot discharge the obligation to pay court-ordered child and spousal support in a Chapter 7 filing. If the spouse is unable to pay ordered support, he or she will need to seek a modification of the original order to avoid wage garnishments and other penalties.
Learn About Your Rights During Divorce
If you wish to file bankruptcy, or your spouse has already filed, it's important to seek legal advice right away. An attorney can talk with you about structuring a divorce settlement to avoid the complications that bankruptcy can cause. Contact a South Florida lawyer to learn more. Call Ferrer Shane, PL, at 305-262-2728.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
