This depends entirely on the specifics of your situation of your bankruptcy and divorce. For many couples, it is beneficial to file for bankruptcy while still married in order to file a joint petition and save money on filing fees. But if you are trying to qualify for Chapter 7 — which is income based and has no payment plan — you may have too high a joint income to qualify together.
While a married person may file an individual bankruptcy, all of the income and assets of the non-filing spouse must be declared on the bankruptcy filing and may be subject to seizure by the Bankruptcy Estate.
At the Law Offices of Rodney K. Okano in Las Vegas, we work closely with men and women throughout southern Nevada who are considering bankruptcy and divorce. We can guide you through the process from A to Z, making sure you understand the full effect your pending divorce can have on your bankruptcy filing.