Cash-less in California: Family law, Divorce and Bankruptcy
Divorce can sometimes lead to bankruptcy and make divorce an even harder process. Filing for a bankruptcy can be a tedious task if you do it on your own. Getting a bankruptcy attorney is probably a good idea. During divorce, one of you may not have the means of paying the debts. In such cases, bankruptcy can be used in one’s advantage. Bankruptcy is a means by which you can lower your debts and save yourself from spending more than you want to during a divorce. Additionally, filing for bankruptcy is a good idea if you and your partner don’t want debts after your divorce. In California, bankruptcy is dealt seriously.
Divorce and Bankruptcy in California
In California, you and your partner are equally responsible for every debt accumulated during your marriage. The state is not concerned with who accumulated the debt and to what extent. Being a community property state, this law is strictly followed.
Divorce agreements don’t affect creditors and they expect the debts are jointly owned by both you and your spouse. If one of you fails to pay the debts or abscond from payment, creditors can come after your partner. During your marriage if both of you jointly acquired credit card debts but the court orders only one of you to pay, creditors may still hold your other partner liable.
If you jointly file for bankruptcy before you get divorced, many of the debts can be waived. You and your partner are saved from future debt obligations and the burden is also lessened. Also, the remaining debts decrease.
During divorce proceedings, bankruptcy can be a roadblock. It could become a major reason for fights between you and your partner. So, if you file for bankruptcy before your divorce, it eases the process and avoids problems between the both of you.
Bankruptcy and Divorce costs
If you file for bankruptcy along with your spouse before your divorce, the costs are less. This is because the fees are the same for both individual and joint filings. If you hire a bankruptcy attorney, your fees will be lower.
While hiring a bankruptcy attorney individually, you should be careful because one attorney cannot represent the both of you. And in such cases the fees will also increase. Bankruptcy and divorce costs differ from state to state and from couple to couple.
Getting divorced in California can be complicated. Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.
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