When Divorce And Bankruptcy Overlap

The sad truth is that financial struggles often put great strain on marriages. Likewise, turning one household into two through divorce can easily lead to economic hardship for one or both individuals. For these reasons, divorce and bankruptcy frequently go hand-in-hand.

At the Ohio law firm of Kennel Zeigler LLC, our attorneys are experienced in the nuances of bankruptcy law. We are well-equipped to advise you about how to proceed when it comes to these difficult personal and financial matters.

Common Myths About Bankruptcy And Divorce

Here are a few common myths and misconceptions about how these two areas of law intersect:

  • "You should always file for bankruptcy before filing for divorce." This may or may not be true, depending on the unique facts of your case. Both options — filing for divorce first or filing for bankruptcy first — can offer benefits and drawbacks. The best way to determine what is right for you is to consult an experienced lawyer.
  • "Bankruptcy can't help at all when it comes to child support issues." This is only partially accurate. It's true that filing for bankruptcy won't automatically cancel your child support obligations. However, Chapter 13 bankruptcy can allow you to catch up on past-due payments. You won't have to worry about wage garnishment and other consequences of child support arrears.
  • "You can't file for bankruptcy if your spouse is unwilling to participate." Many people believe that both spouses must file together. This isn't true. Married couples have the option of filing individually or jointly, depending on what makes the most sense in that situation. You don't have to get your spouse's permission to begin eliminating your debts.

Get Straight Answers To Your Questions Today

We encourage you to set up a free initial consultation to get answers and guidance from a debt relief professional. Call our Dayton office at 937-356-3735 or contact us by email. We are ready and willing to help.

*We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.