Divorce During Bankruptcy
When you and your spouse decided to cut ties and go your separate ways you thought it would be easy and you would be able to get this divorce behind you quickly and with little pain and move forward in life. When you go to your divorce attorney and they tell you that because you are in bankruptcy, there is a motion that has to be filed in order for you to proceed. The divorce attorney tells you that you need to consult with your bankruptcy attorney to have them file this motion, and depending on which bankruptcy attorney you are using, they will or they won’t file it. If you are with our office you are in luck and we are willing to file the motion, but there are attorney fees involved with filing the motion. If it is an agreed divorce then it is cheaper than one that is not agreed upon. The purpose of this motion is to allow the protection that you afforded under the bankruptcy laws to be lifted for the specific purpose of a divorce to be filed and final. Once the bankruptcy Judge signs the order lifting that protection you are now free to finalize your divorce. If it is going smoothly for you and it is an agreed divorce, then deciding what you are going to do with the bankruptcy will be an easy decision to make. For your sake I hope it is that easy and you will now see the beginning of the end.
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