bankruptcy couple

[romieroach]

What is the name of your state (only U.S. law)? Nj.
Is it better to file bankruptcy as a married couple together or should you divorce and file separarely.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Nj.
Is it better to file bankruptcy as a married couple together or should you divorce and file separarely.

Would you even be considering divorce if it weren't for your seeking some kind of advantage in your planned bankruptcy filing?

 

[romieroach]

We were already considering divorce but wondering if I should file first. Her name is on some of the debts for eg. Home owed 135000 and cannot afford

 

[bigun]

You need to discuss this with your lawyer{s}.
If a divorce occurs within 180 days of the bk filing date, the assets of the divorce can become property of the bk estate.

 

[LdiJ]

We were already considering divorce but wondering if I should file first. Her name is on some of the debts for eg. Home owed 135000 and cannot afford

If its a chapter 7, it doesn't matter either way really...as long as you both intend to file. If its chapter 13, I think it would be wiser to do it after you divorce.