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If you're simultaneously going through bankruptcy and divorce, it's important to understand that each of these legal motions can have an impact on the other. While no two cases will be exactly alike, there are some general things you can expect from a divorce/bankruptcy situation. Below, lawyer Jeremy Bueker of Bueker Law Firm in Stuttgart, AR, discusses a few of the ways divorce affects bankruptcy and vice versa.

A Divorce Terminates a Marriage, Not Its Debts

When you get divorced, the courts formalize the dissolution of the union and you and your spouse are no longer married in the eyes of the law. This does not mean, however, that any debts you may have accumulated while together are suddenly the responsibility of just one spouse. For example, if you and your ex have recently divorced and you have filed for bankruptcy on a debt the two of you previously shared in both your names, there is nothing stopping the creditor from coming after your ex for payment in full.

Alimony & Child Support Are Not Dischargeable in Bankruptcy

lawyerDon't file for bankruptcy with the goal of wiping out what you owe in child and/or spousal support. These debts cannot be eliminated through bankruptcy, and the responsibility will still fall on you to keep current on your obligations. Your bankruptcy lawyer will go over your existing debts with you and help you identify what will qualify for discharge and what will not.

A Pending Divorce Is Stopped by an Automatic Stay

When you file for bankruptcy, the courts issue an automatic temporary stay. This stay applies to all other legal actions, including divorce and any foreclosure action currently in process. For the divorce to proceed, the debtor in the bankruptcy case must have permission from the bankruptcy courts to deliberate on matters relating to the divorce.

If you are juggling both a bankruptcy and a divorce, trust a bankruptcy and foreclosure lawyer at Bueker Law Firm to give you the quality legal advice you need. For nearly 15 years, Attorney Bueker has been serving clients throughout the Stuttgart region. Call (870) 673-1313, visit the firm's website, or find them on Facebook to make an appointment today.

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