Divorce Lawyer in Orlando

How does bankruptcy affect divorce?

Are you contemplating filing for divorce while, or after, filing for bankruptcy? If so, we encourage you to speak with an Orlando divorce lawyer from Richard A. Heller, P.A. for legal advice. As divorce attorneys with 75 years of collective experience, we know that money is a major stress factor in relationships that often triggers divorce proceedings.

We take a personal interest in each of our client's cases and are concerned for their financial welfare. As a law firm that practices bankruptcy and divorce, we are in a unique position to advise our clients on how bankruptcy affects the divorce process and vice versa. We take client satisfaction seriously, and to that end, we are accredited by the Better Business Bureau (BBB) with an A+ Rating. Furthermore, Attorney Richard A. Heller is BV® Distinguished™ Rated by Martindale-Hubbell®.


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Which one should come first?

If your ex decides to file for bankruptcy after a divorce, the creditor can turn to you to satisfy those debts. If you can't afford to pay your spouse's share of the debts, your spouse's bankruptcy could send you into bankruptcy as well. If you believe that your spouse plans to file for bankruptcy, you should discuss this with a lawyer from our firm so that you can find out how to protect yourself.

If you and your spouse are in debt, it's important that you know that both spouses are responsible for the debts incurred during the marriage. A divorce settlement divides the debts, assigning the responsibility to pay some debts to one spouse and some to the other. While that arrangement is between you and your spouse, it's inconsequential to the creditor. If your ex fails to pay his or her share of the debts, the creditor can come after you for the payment.

If your spouse charged up a load of credit card debt unbeknownst to you, or they incurred thousands of dollars of debt in medical bills during your marriage, the concept of being chased down by bill collectors for your spouse's debts can be unsettling. In many cases, it simply makes financial sense to file for bankruptcy before filing for divorce. However, you and your spouse will need to work together in order to accomplish this.

Have more questions about bankruptcy? Visit our information center to learn more.

Evaluating Your Estate Before Divorce

During the divorce process, whether collaborative or contested, there will be the issue of property division. Property includes real assets, as well as debts, and in order to ensure that it is divided fairly, there will be the process of discovery. This allows both parties to know the full value of each party's estate and what kinds of assets and debts they will each incur. With this knowledge in mind, it is crucial to know whether or not your spouse plans to file for bankruptcy after your divorce.

One of our Orlando divorce and bankruptcy attorneys can help you by investigating your financial situation and ensuring that your future is provided for. Furthermore, if bankruptcy is inevitable, we can work to ensure that it is done correctly, that the process is streamlined, and that the result leaves as little damage as possible in your situation. Let us help by investigating your situation and providing you with the information and the advice that you need for your future.

Free Consultation for Divorce & Bankruptcy Cases

Do you need an attorney for your divorce case in Orlando? When deciding which to file first – bankruptcy or divorce – it will depend upon your individual circumstances. In general, it is better to wait until one of the matters is over before filing the other. In some cases, it makes sense to file a divorce first and then file for bankruptcy individually after the divorce is finalized. For instance, if your divorce will involve child support payments, it may be helpful to have those figures finalized before filing for bankruptcy.

To find out if you should file bankruptcy or divorce first and to gain legal counsel for both matters, contact Richard A. Heller, P.A. at (407) 501-4052!

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