Divorce during a bankruptsy

[Arila]

i live in indiana and my husband and i just had a meeting with our creditors for a complete chapter 7 bankruptcy which seems to be going along well. our marriage on the other hand hasn't. i want to divorce him but don't know if this is possible to even be legally separated until after the discharge. thanks for any help you might have.

 

[dorenephilpot]

Yes, you can commence divorce proceedings while the bankruptcy is pending. Actually, that's a pretty common situation, for reasons I'm sure you can well imagine.

Hope this helps answer your question. Let me know if you have others.

 

[gloria guild]

let me know how things turn out if you would. i am a new member about to be in the same exact situation. not trying to be nosy i'm just confused. thanks for any help. gloria

 

[Arila]

Actually I do have another question. After you file for divorc in Indiana do you have to live in the state. I have some friends that would like me to move out west and sorta get a fresh start out of state.

 

[dorenephilpot]

The residency requirements are as of the date of filing, not necessarily where you're living when the divorce is granted.

You can always SUBMIT to (or agree to) the jurisdiction of the court in Indiana.

Now, if there are hearings, you'll have to come back here for those, regardless of where you're living. Keep that in mind, too.

Best of luck to you!