Tuesday, November 6, 2012

Divorce or Bankruptcy; Which Should I File First?

Every case is different and legal advice should be sought before deciding but most of the time filing for Bankruptcy first makes more sense in a lot of cases.

Imagine yourself at your kitchen table looking over your debts. You and your soon-to-be ex have agreed quite amicably to divide up the debt evenly and fairly. So far so good, right? You have your debts, she has her debts and all the judge has to do is rubber stamp the agreement. What could go wrong? The main thing that can foul up your best-laid plans is that your divorce agreement is binding upon you and your spouse, not upon your creditors.

That's right; they can do whatever they like and while it is true that most creditors will usually work with you, there are some things you need to remember:

  • Debts incurred during the marriage are the responsibility of both parties.
  • If your ex fails to pay their debts, you will be stuck with them.
  • If your ex files bankruptcy and you do not, you will be liable for the debt.
One answer to these potential problems is to file bankruptcy before you file for divorce. This strategy does have certain advantages. It will save you money and make your divorce more straightforward. However, it requires that you and your spouse cooperate. If that is not possible, or if you think your spouse is hiding assets, then you may have to consider other avenues to protect yourself, like filing on your own without your spouse.

Doing some research for yourself is the best way to go. There are legal remedies that will keep you from being hit with your ex's bad debt.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

1 comment:

Unknown said...

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