Practice Areas

• Divorce
• Child Custody & Visitation
• Child Support
• Spousal Support
• Domestic Violence
• Chapter 7
• Chapter 13

Money problems are stressful. They create untold amounts of stress on even the best of marriages. Quite frequently, the stress becomes so great that all too often, the money problems lead to a divorce.

Several issues are presented when a divorce and a bankruptcy are in the foreseeable future. Should you file bankruptcy first, or should you wait until the divorce is filed or even concluded? This is a good question. The answer generally depends on what the true issues are in the divorce. Can you and your spouse cooperate and file a joint bankruptcy to lessen the post marriage obligations?

Generally speaking, a married couple, even if they aren't living together, can file a joint bankruptcy. After the divorce, you can no longer file together, so it would be necessary to file two separate cases. Naturally, this could cause the costs associated with bankruptcy to double. Therefore, if the two of you can cooperate with one another, it may very well be in your best interest to file the bankruptcy prior to filing for divorce.

Additionally, if you are still living together, even if the divorce is imminent, the income of both spouses, at least to some extent, will need to be set forth in the bankruptcy petition. The joint income would be included in the calculation of the means test in order to determine if a Chapter 7 Bankruptcy is a viable alternative for you. If the combined income is too much, it might be in your best interest to file the dissolution first and then file two separate bankruptcies.

One of the major difficulties in the settlement of any divorce action is how are you going to divide the debt. Bankruptcy can assist you in this matter by potentially discharging most if not all of your unsecured debt, thus preserving your marital assets for you and your soon to be ex-spouse to share. Bankruptcy offers debtors a fresh start. Contact us at one of our offices to speak with a compassionate lawyer.

At Cristiano & Lillard, we represent clients in the cities of Temecula, Covina, Canyon Lake, Glendora, Hemet, Lake Elsinore, La Verne, Murrieta, Pomona, San Dimas and West Covina, and in the following counties: Los Angeles County, Riverside County and San Bernardino County.