Orlando Divorce Settlement and Bankruptcy Lawyer
If you are considering filing for divorce, it is important to remember that your marital debt will be just as much a part of your final property settlement as your savings, house and family cars. If you don't think you will be able to repay your portion of marital debt you are forced to accept as part of the divorce settlement, you may need to file for bankruptcy. The timing of the filing is important to get the best debt relief, however. In some instances, you may be better served to file for bankruptcy prior to the divorce; in other cases, the reverse might be true.
Free Initial Consultation · Talk to Us Before You Talk to a Divorce Lawyer
At the Law Office of Paul L. Urich, we represent individuals heading into divorce with a heavy debt load. Talk to us before you file for divorce. We will explain the bankruptcy process and how both parties can often avoid the burden of excess debt by filing as a married couple. In the event you are unable to file as a family, we can help you restructure or eliminate your personal debt to avoid a heavy debt burden resulting from the final settlement.
What If Your Spouse Accepts the Debt?
Even if your spouse agrees to accept the marital debt as part of the settlement, it doesn't necessarily protect you from obligations. All your creditors care about is who's name is on the loan agreement. In most cases, your name will be on the bottom line. Telling the collections caller that your ex-spouse is responsible for the debt isn't likely to matter to them. If your ex-spouse doesn't pay the debt, you are still on the hook for it. It is important to get your name off the debt before the divorce judgment is finalized.
If You Have Accepted the Debt as Part of Your Settlement
If you have accepted the debt as part of the divorce settlement, you may not be able to discharge it by filing for Chapter 7 bankruptcy. The courts often consider your acceptance of the debt as part of the spousal support obligation. Child support and spousal support (alimony) obligations are not dischargeable debt. It is important to eliminate as much debt as possible before your divorce.
Learn more about bankruptcy before you file for divorce. The Florida divorce and bankruptcy attorneys at the Law Office of Paul L. Urich can answer all of your questions in a free initial consultation. From our office in Orlando, we represent clients throughout Central Florida. Contact us today.