Riverside Bankruptcy in Divorce Lawyer
Any divorce can be an emotionally challenging issue for the spouses involved. Some divorces take a significant financial toll, as well. When a marriage ends, the couple’s financial status can quickly take a nosedive, and it’s not uncommon for divorcing individuals to face bankruptcy proceedings in tandem with their divorce cases. At the Law Offices of Schwartz & Godbey, we understand how challenging issues like these can be and want to help you settle your divorce’s financial matters as completely as possible.
Bankruptcy is an often-misunderstood legal process that can help an individual or company restructure or eliminate outstanding debts they are unable to pay. Some people fall to bankruptcy due to issues beyond their control, such as expensive medical treatment, loss of a job, or natural disasters. If you are facing divorce and the possibility of filing for bankruptcy, it is very likely that you will need to file for bankruptcy jointly with your spouse while simultaneously navigating divorce proceedings. If so, it is essential to have a San Bernardino divorce attorney assist you with your forthcoming legal proceedings.
Why Do I Need an Attorney?
While the idea of handling divorce proceedings and bankruptcy filing at the same time can seem overwhelming, many divorcing couples choose this route simply because of how efficient it can be for both of them. California upholds strict community property laws. Your San Bernardino divorce lawyer will help you determine which assets and properties you and your spouse own should fall under community property and identify any separate property that belongs solely to you. This community property law extends to a married couple’s debts as well.
The end result of a joint bankruptcy filing will ideally be a partial or complete discharge of the couple’s debts. This means fewer debts to manage in their property division proceedings. An experienced San Bernardino divorce attorney can coordinate with your spouse’s divorce attorney and start bankruptcy proceedings on your behalf. While these proceedings will extend the overall time it will take to finalize your divorce, the divorce proceedings to follow will actually unfold more quickly since there will be fewer financial issues to address. This is a complex and detailed process that requires a reliable San Bernardino divorce lawyer.
Why Choose the Law Offices of Schwartz & Godbey?
When you need a San Bernardino divorce attorney to assist you with complex financial matters like bankruptcy as you approach divorce, it is essential to choose a legal representative with solid experience handling difficult divorce cases. At the Law Offices of Schwartz & Godbey, we believe in taking a client-focused approach to our legal services and tailoring our representation to meet your individual needs. Bankruptcy is a difficult process, but it can provide you with welcome financial relief at the end of your divorce, but only with reliable legal representation.
Attorney Catherine Schwartz has more than 30 years of professional legal experience in both civil and criminal law and has handled many complex financial disputes in San Bernardino divorce cases. When you choose the Law Offices of Schwartz & Godbey to represent you in divorce proceedings involving bankruptcy, you will have access to a detail-oriented, responsive legal team. We will keep you updated as your divorce case proceedings and bankruptcy filings unfold.
What to Expect From Bankruptcy Filing in Divorce
If you and your spouse must file for bankruptcy in California, it will affect your credit in the short term. The process begins with an automatic stay on both of your credit accounts that prevents creditors from seeking further collection efforts against you. Typically, it is necessary to handle bankruptcy filings before divorce proceedings; it may simply not be possible to resolve some financial matters that will arise in divorce proceedings without completing the bankruptcy filing process first. The automatic stay in place prevents the court from dividing assets that would be split in divorce.
Filing for Chapter 7 or Chapter 13 bankruptcy requires supplying the bankruptcy court with various financial records and documents, many of which would have come into play in a divorce case. The bankruptcy court will review the filing and determine which assets and properties the couple may liquidate to satisfy the terms of their bankruptcy filing. Some or all of the debt in question will be discharged, and the jointly filing couple must adhere to specific terms going forward.
Chapter 7 bankruptcy is the preferred option for ensuring a faster divorce; the Chapter 7 filing and approval process only requires three to six months, whereas Chapter 13 bankruptcy establishes a three to five-year payment plan. While it’s possible to negotiate each couple’s responsibility for this payment plan in divorce, Chapter 7 allows for a more finalized outcome.
Can All Debts Be Discharged?
Some debts will not qualify for discharge through bankruptcy filing. If you or your spouse have any debts involving alimony or child support from previous marriages, student loans, government fines, court fines, or overdue attorneys’ fees, consider other methods of resolution. These debts cannot be included in your bankruptcy filing.
Your San Bernardino divorce attorney will help you determine which debts will qualify for bankruptcy discharge or restructuring and clarify how your bankruptcy status will impact your divorce proceedings. Ultimately, it is almost always best to resolve difficult financial matters such as bankruptcy prior to engaging in divorce proceedings to streamline the process as much as possible.
Find Reliable Divorce and Bankruptcy Representation
At the Law Offices of Schwartz & Godbey, we understand that every marriage involves unique financial matters that are not always easy to navigate in divorce proceedings. When bankruptcy comes into play prior to or during divorce, trustworthy legal counsel is essential for reaching the best possible resolution to both matters.
Our team is ready to help you navigate difficult financial matters like bankruptcy in divorce. We know how challenging these issues can be and will provide the counsel and guidance you need to manage the situation more confidently. Contact the Law Offices of Schwartz & Godbey today and arrange your free case evaluation with our team if you need specific answers about how bankruptcy will influence your divorce.
- Divorce/Legal Separation
- Post-Divorce Disputes
- Bankruptcy & Divorce
- Divorce and Business Ownership
- Property Division
- High Asset Divorce
- Military Divorce
- Same-Sex Divorce/Domestic Partnerships
- Ex Parte Emergency Hearings
- Move Away
- Grandparents' Rights
- Child Support
- Spousal Support/Alimony
- Domestic Violence
- Restraining Orders/Protective Orders
- Child Custody/Visitation
- How Domestic Violence Affects Custody