Filing for Divorce While In Chapter 13
A chapter 13 bankruptcy lasts for about 5 years and a lot can change in a relationship during that time. It should be surprising to see that many people go through a divorce in during this time, but in reality, it is not surprising. Many Debtors go through a divorce because of the financial hardship; they just can’t take it any more. When you decide to go this route when you are in a Chapter 13 bankruptcy, you must consult your bankruptcy attorney before proceeding with anything. Many Debtors hire a divorce attorney, but many times, the divorce attorney requires you to go back through your bankruptcy attorney.
The process that must be taken when you are in a Chapter 13 bankruptcy is a motion to the lift the automatic stay. Since filing your Chapter 13 bankruptcy, a stay has been put into place and now it must be lifted in order for a divorce to proceed. As a Debtor, you must contact your bankruptcy attorney to find out what fees they charge for filing this motion. Your bankruptcy attorney may have different fees if it is uncontested or contested, so make sure the other Debtor in the case is willing to move forward, it will save you both a lot of money, time and grief. Once the stay has been lifted, you can now move forward in filing for divorce. Please contact your bankruptcy attorney as soon as you know you have to go this route, to ensure enough time is allowed to permit the motion to lift the automatic stay to permit the divorce.
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