Full question:
I am married, undergoing the lats few months of a bankruptcy, but am completely unhappy. Friends have offered me a place in their country with a possibility to start over, but it's a limited time offer. I'd like to just leave and file for divorce after I leave to avoid the horrendous arguments I know would ensue, but don't know how that would affect the bankruptcy, or the division of property. I don't want anything - he can have the house, etc. I just want my car, my pets and a few personal belongings. I know that the trustee has the right to deny or delay a divorce until after a bankruptcy is finished but honestly, each day is more and more painful here, as we don't have, and haven't had, what I would consider a marriage in years.
- Category: Bankruptcy
- Date:
- State: Tennessee
Answer:
The impact of divorce on your bankruptcy depends on several factors, including whether you filed for Chapter 7 or Chapter 13 bankruptcy, and how your assets and debts are classified (as marital or separate property). In general, certain debts related to divorce, such as alimony and child support, are non-dischargeable under § 523 of the Bankruptcy Code. However, Chapter 13 allows for a broader range of debts to be discharged, including some arising from property settlements in a divorce.
If you are in Chapter 13, the bankruptcy trustee will review your proposed divorce settlement and the incomes of both spouses to determine if it is acceptable. It's also important to note that the trustee may delay or deny a divorce until the bankruptcy process is complete.
Ultimately, if you are willing to give up your marital property, including the house, and only want to keep your car, pets, and personal belongings, you should consult with a legal professional to understand how to proceed without jeopardizing your bankruptcy case. For more information, users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.