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Can I File for Bankruptcy and Divorce in Florida At the Same Time?

Posted on : January 25, 2019
Attorney For Divorce In Tampa, Mindi Lasley

Divorce And Bankruptcy

Going through so many different legal issues at the same time can be difficult, but it might also make sense to file for divorce or bankruptcy in a specific order. In these situations, you need to have the advice of competent and qualified attorneys who are looking out for your best interests.

It is not uncommon for a spouse to file for bankruptcy before, during or after a Florida dissolution of marriage case. Many bankruptcy courts in Florida, however, agree that bankruptcy judges should avoid getting involved in Florida family law matters. This means that your domestic support obligation debt and child supports are given special status in a bankruptcy code and are the highest priority claims. The filing of bankruptcy comes with an automatic stay which prevents the continuation or filing of most lawsuits against the bankruptcy debtor. However, Florida family law cases are different.

If you are thinking about filing for bankruptcy and divorce at the same time, you need to sit down with each of your attorneys and discuss whether or not this makes sense for your individual situation and how it is recommended that you proceed. It can be a big mistake to file for bankruptcy before you realize the full implications of this decision to do so.

Many people contemplating divorce in the near future might be interested in filing for bankruptcy first so that the legal processes associated with that have already begun.

If you need the automatic stay support of bankruptcy right away, then it could be in your best interests to file that first. However, any assets that are tied up in other pending legal cases could prove problematic, leading to additional delays or costs on your end.

Your Florida family lawyer should be highly knowledgeable about all these kinds of issues and can help point you in the right direction of a referral to an experienced bankruptcy lawyer should you need one. Careful consideration of your individual financial situation is required as it might make more sense to file for divorce first.


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