Debts from Divorce and Bankruptcy

If you are dealing with debt after a divorce, bankruptcy may help you reduce financial pressure and regain control. A bankruptcy lawyer can help you understand which divorce-related debts can be addressed and what obligations must still be paid.

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    How Bankruptcy Affects Divorce-Related Debt

    Bankruptcy and divorce often overlap, especially when debts are divided between spouses. Bankruptcy law treats different types of divorce-related obligations differently, depending on how they are classified in the divorce agreement.

    Some debts, such as credit cards or joint loans assigned during divorce, may be discharged in bankruptcy. However, obligations like child support and alimony are considered priority debts and cannot be eliminated.

    Understanding how your debts are categorized is critical. The outcome depends on whether the debt is considered support or part of a property settlement, as well as the type of bankruptcy filed.

    Child Support and Alimony Are Protected
    Child support and spousal support are not dischargeable in bankruptcy and must continue to be paid.

    Some Divorce Debts May Be Discharged
    Certain debts assigned during divorce, such as joint credit obligations, may be discharged depending on the bankruptcy chapter and how the debt is defined.

    Chapter 7 vs Chapter 13 Matters
    In Chapter 7 bankruptcy, many property settlement debts may be discharged, while Chapter 13 bankruptcy may allow repayment over time under court protection.

    Stop Creditor Actions
    Filing bankruptcy triggers an automatic stay that stops collection calls, lawsuits, and garnishments.

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    The Bankruptcy Process

    1

    Consultation

    Discuss your financial situation, including debts assigned during your divorce, with a bankruptcy lawyer.

    2

    Case Evaluation

    Identify which debts may be discharged and which must remain based on legal classification.

    3

    Filing Your Case

    File your bankruptcy petition and activate protections against creditors.

    4

    Resolution

    Discharge eligible debts or restructure payments while meeting required obligations.

    Why Clients Choose Our Firm

    • Free initial consultation
    • Experience handling bankruptcy after divorce
    • Clear explanation of dischargeable vs non-dischargeable debts
    • Personalized strategies based on your financial situation
    • Dedicated support throughout the process

    Divorce and Bankruptcy FAQ

    Meet Your Debt Relief Attorney

    Melanie Tavare

    Melanie Travare

    Principal Attorney & Founder

    Melanie Tavare helps individuals navigate complex financial situations, including debt after divorce. She provides clear guidance and practical legal solutions to help clients move forward with confidence.

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    Legal and Financial Resources

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    Social Security Administration (SSA)
    https://www.ssa.gov

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    Consumer Financial Protection Bureau (CFPB)
    https://www.consumerfinance.gov/consumer-tools/debt-collection/

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    National Foundation for Credit Counseling (NFCC)
    https://www.nfcc.org/