When a married couple is considering divorce and bankruptcy, once they have decided the order in which they will proceed with the bankruptcy and the divorce, then they must decide whether they will file alone or a joint case. If they decide to proceed with the divorce first, then the answer is simple. They must file separate bankruptcy cases. Only married couples are allowed to file together. If they decide to file the bankruptcy first then the answer is a little more difficult.
While the couple could file a joint bankruptcy case before they get a divorce there is no legal requirement that they must do so. Often the parties cannot get along. In these situations it is best for them to obtain separate attorneys for the bankruptcy and file separate cases. In many cases, however, the parties are able to come together and be amicable, at least for the duration of the bankruptcy. This allows them to save some money by hiring just one attorney.
If you have questions about the legal issues surrounding bankruptcy and divorce, call Benjamin Skinner, experienced Arizona bankruptcy attorney for your free consultation today! (480) 648-8975.