Article Side

Online Article Directory!

Hello Guest! Login or Register to submit articles!

Is it a good time to file for bankruptcy when I am seperated or divorcing my spouse?

By Maxwelllawfirm Subscribe to RSS | December 15th 2011 | Views:

I always ask clients what their marital status is and whether they have joint debts with their spouse says Charlotte Bankruptcy Attorney Victorianne C. Maxwell of Maxwell Law Firm, PLLC.


If you are separated you are still legally married and have to disclose this on your bankruptcy petition. What does this mean? You must list that you are married and that your spouse lives in a different household.


No you do not have to file with your spouse. You can file bankruptcy individually even if you are still living together. The difference in filing married individually vs. married and separated is that you will not need to include your spouse income on the later filin status. However, if you wish to elect to file together both of your incomes must be included on the bankruptcy petition even if you are separated.


Depends on the Chapter of Bankruptcy you file. If you file a chapter 7 bankruptcy, then you will receive a discharge on unsecure debts and those you have chosen not to affirm. What this means is that your spouse will remain liable and you will be discharged of liability. Filing a chapter 13 bankruptcy is a little more tricky. Since a payment plan is set up in a Chapter 13 case, the creditor must accept the payment provided by one spouse for that debt if their debt is secured and modified by the plan. But if the debt is unsecured the creditor can seek full or partial payment from the other spouse.


Divorce itself can be quite a long and arduous process. Many times a lot of divorce squabbles stem from property and debt. Consulting with a qualified bankruptcy attorney can save you time and effort on fighting over who should pay for what. In the end creditor does not discriminate and can go after on or both of you for those debts. In some instances it may be beneficial to file jointly in others it may not be, but you will not know unless you consult with a Bankruptcy Attorney.

Maxwell Law Firm represents clients in North Carolina with: bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, Tax Services and loan modifications. You may schedule your appointment by calling 704-780-1100 or save 25% off the fees and schedule online at

Maxwelllawfirm - About Author:
For more information about bankruptcy attorney and north carolina bankruptcy attorney please visit

Share on Facebook Tweet It Stumbleupon this post This post is delicious !

Article Source:

Related Business Articles Subscribe to RSS

Is it a good time to file for bankruptcy when I am seperated or divorcing my spouse?
Published by Maxwelllawfirm on December 15th 2011 | Business
I always ask clients what their marital status is and whether they have joint debts with their spous...
Personal injury attorney Lincoln Ne always ready to help you
Published by Mchenry1 on December 21st 2011 | Business
A personal injury attorney in Lincoln Ne is perpetually ready to help you in any kind of fortuity th...
Take the help of a social security attorney to apply for social security disability benefits
Published by Safinajones on January 6th 2012 | Business
Social security disability benefits is a scheme that is designed to help individuals with disabiliti...
Finding an attorney Tyler, TX
Published by Evans Baliol on November 25th 2011 | Business
The economy is in rough shape, there are no two ways about it. There are people who are doing their ...
DUI attorney NY- Handle the delicacy of your case
Published by Paxton on January 3rd 2012 | Business
DUI attorney NY because they are well-aware of all the driving under influence laws in New York. The...
How to choose Family law attorney Nebraska
Published by Mchenry1 on May 29th 2012 | Business
Family law is an area dealing with legal disputes that are related to families. Divorce, division of...
Get equitable monetary benefits with the help of Zadroga attorney
Published by Jennifer Weinstein on January 8th 2012 | Business
The Zadroga attorney would fight the victim’s case on his behalf thereby getting well deserved com...
Zadroga attorney is a life savior for the 9/11 attack victims
Published by Jennifer Weinstein on December 12th 2011 | Business
Zadroga Attorney plays a very important role in helping the sufferers of 9/11 attack in getting a re...
At what time you must approach for litigation attorney
Published by Adli Law on April 2nd 2012 | Business
Usually, law firms are being considered as the best sources to explore the best lawyers belonging to...
Personal injury attorney Lincoln ne is the most trustable lawyer
Published by Mchenry1 on January 31st 2012 | Business
If you probably are a victim of misfortune or accident & are suffering from the injury, then it will...
Is business attorney is vital for running your business smoothly?
Published by Adli Law on April 3rd 2012 | Business
Let the technicalities of law must be handled by the professionals who adept in it and indulged in i...
Apply for the disability benefits successfully with the help of an attorney
Published by Safinajones on February 29th 2012 | Business
There are a number of disability benefits schemes available with the federal government. Here is a u...
Contact social security disability attorney to avail disability benefits
Published by Safinajones on January 12th 2012 | Business
Disability is a curse for people when it cripples life and stops working capacity. In case of emerge...
Learn how to choose a bankruptcy lawyer
Published by Saratremellaw on December 16th 2011 | Business
When bankruptcy stares at you, you may need legal advice to steer out of many troubles. Choosing the...
Learn more about Chapter 13 bankruptcy lawyer
Published by Saratremellaw on January 3rd 2012 | Business
There are two forms of personal bankruptcy as recognized by law. Chapter 13 bankruptcy is one of the...
Family law attorney Nebraska: Suggest & defend your judicial rights
Published by Mchenry1 on December 30th 2011 | Business
A family law attorney of Nebraska is a lawyer who addresses legal matters relating to families for e...
What Makes a Good attorney Wall, NJ?
Published by Aidan Margas on November 25th 2011 | Business
When searching for an attorney Wall, NJ has plenty to offer, so why hire Anthony J Cafaro, Jr., or a...
Instant solutions by criminal attorney nashville
Published by Formojohni on December 13th 2011 | Business
When we talk about insolvent problems, criminal attorney nashville has one of the highest rates for ...
3 Myths About attorney Tyler, TX offices
Published by Evans Baliol on November 25th 2011 | Business
The humble bankruptcy attorney Tyler, TX gets perhaps more bad press than just about anybody....
DWI attorney New York-justifies your stand in law suit
Published by Paxton on January 18th 2012 | Business
The levied charges are based on how much alcohol is consumed and how impaired that person appears to...