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Should You File for Bankruptcy Before or After Your Divorce?

For a number of couples, money issues are a cause for divorce. If a couple is going to file for bankruptcy and divorce, which is better to file first? This decision will depend on a variety of factors, including the type of bankruptcy petition and the couple’s combined debt.


The fees for filing a bankruptcy petition are the same whether it’s an individual or joint filing. This means that petitioners could potentially save by filing jointly before a divorce. The best way for a couple to decide if this is their best option is to have a bankruptcy attorney go over their case. If a couple chooses the joint filing option, they need to tell their bankruptcy attorney ahead of time that they will be divorcing in the future. This warning can help an attorney identify potential conflicts of interests in the case.

Focusing on Chapter 7 and Chapter 13 bankruptcy, Cutler & Associates can help you resolve your debt issues. Call us at (847) 868-2265 to schedule a meeting at our Aurora or Schaumburg locations.

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