Divorce Lawyer in Winter Park
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 a Winter Park divorce lawyer from
Richard A. Heller, P.A. for legal advice. As divorce attorneys with 58
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®.
Discuss the details of your case with our team in a
free case evaluation!
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.
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 Winter Park
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 Winter Park? 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
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!
Notice: Due to COVID-19, we may schedule telephone and Zoom consultations
and are available via Facetime, Skype, and Messenger. Please don’t
hesitate to call us if you have any questions!