Amy M. Levine & Associates, Attorneys at Law, LLC - Family Law, Bankruptcy, Probate Litigation, Criminal Defense
We now have a New Albany, Ohio location!

Columbus, OH 614-360-2942
Huntington, WV 304-519-4354
New Albany, OH 614-721-7726
Toll Free   888-641-0805

Columbus, OH 614-360-2942
Huntington, WV 304-519-4354
New Albany, OH 614-721-7726
Toll Free   888-641-0805

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options.

Family Law

Bankruptcy Law

Criminal Defense

Personal Injury

Probate

You are here:
  1. Home
  2.  » 
  3. Articles
  4.  » Bankruptcy and divorce: the interplay

Amy M. Levine
View Profile

Our Latest Blog Posts

Effective ways to challenge breath test results in Ohio

Breath tests are meant to be an accurate way of determining a person's blood alcohol content (BAC). However, there are many factors that can affect the accuracy of breath tests. That means that if you're arrested for DUI, you may be able to challenge the test results....

Issues that most people overlook in divorce in Ohio

Although divorce is often narrowly thought of as a legal process involving the division of assets, there are other important concerns that can be overlooked during this time. It is essential to consider these factors when making decisions, especially if you and your...

How Chapter 13 can protect your home from foreclosure

Homeowners facing bankruptcy often wonder if they can save their homes through the bankruptcy process. While Chapter 7 bankruptcy provides you with a little bit more time to resolve your pending foreclosure, Chapter 13 is different, and it allows you to save your home...

Probate 101: What is anciliary probate?

At every stage of your life, it's important to recalibrate and plan for the future. It's the best way to protect your Ohio assets and preserve your standard of living. Whether you're newly married, headed for divorce, or looking toward retirement, estate planning and...

How does a spouse’s depression affect a marriage?

Many residents of Ohio battle depression on a daily basis. Some of them are married, which means their issues can impact their marriage. In some cases, depression can lead to divorce. Symptoms of depression Although everyone occasionally feels depressed, there’s a...

Visit Our Blog

Bankruptcy and divorce: the interplay

Contact Us For A
Free Consultation

Bold labels are required.

Contact Information
This field is required.

disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Divorce and bankruptcy are inextricably linked for many couples.

Studies have repeatedly shown that arguments about finances are consistently a major contributing factor to divorce actions. Likewise, when a couple is dealing with seemingly insurmountable debt to the point where arguments regularly ensue, it is often wise to consider filing for bankruptcy. If you are considering both ending your marriage and filing for bankruptcy, you likely have many questions. Chief among these may be: “which should I file first?” The answer, like so many other things in the legal arena, isn’t exactly cut and dry. It actually is highly dependent upon your unique circumstances, your state’s divorce laws, available bankruptcy exemptions and other factors.

How divorce and bankruptcy intertwine

For many couples, divorce and bankruptcy go hand in hand. Either a divorce leads to bankruptcy, or the need for bankruptcy (and the ensuing stress, disagreements, tension, anxiety, etc.) – particularly if a couple tried to avoid the inevitable and struggled against the tide of debt in vain for months or years – leads to divorce.

In some ways, it’s a “which came first, the chicken or the egg?” kind of situation. Some make it through divorce – particularly if the divorce was highly contested and required protracted litigation – only to realize that the financial upheaval of establishing two households, making child support or alimony payments, paying off marital debts, trying to make the mortgage payment on the marital home without the financial assistance of a spouse, tax consequences and other related expenses have driven them to need bankruptcy protection to stop creditor harassment and escape unmanageable debt.

Others realize prior to filing for divorce that bankruptcy is going to be their best option, without even taking into account additional financial stressors that will resort from the divorce itself. This may be the result of unemployment, overwhelming medical debt due to an unexpected illness, trying to prevent foreclosure, dealing with the impact of a failed business (something all-too-common in recent years as our country has struggled to recover from the devastating recession that affected the global economy) or other causes.

Which first – divorce or bankruptcy?

If divorce hasn’t been the impetus for a bankruptcy filing, then there could be questions about the pros and cons of which complicated legal issue should be tackled first. Unfortunately, there is no “cookie cutter” answer. For some, it is advantageous for a couple to go through a joint bankruptcy filing prior to divorce in order to maximize the number and type of bankruptcy exemptions available and to get the best possible debt discharge for a wide range of marital debts. For others, going through divorce prior to filing for individual bankruptcy relief is the best possible solution.

Only you – and your experienced attorney – can decide which option is right for you. When you are contemplating both divorce and bankruptcy, having a lawyer at your side with in-depth knowledge of both family law and the bankruptcy process can be invaluable, and can give you confidence that you are taking the right steps to protect yourself. To learn more about the intersection of bankruptcy and divorce, contact Amy M. Levine and Associates. From offices in Columbus and Huntington, the firm helps clients throughout Ohio and West Virginia; contact them today.

Keywords: Bankruptcy, divorce, debt, creditor harassment

Amy M. Levine
View Profile

Our Latest Blog Posts

Effective ways to challenge breath test results in Ohio

Breath tests are meant to be an accurate way of determining a person's blood alcohol content (BAC). However, there are many factors that can affect the accuracy of breath tests. That means that if you're arrested for DUI, you may be able to challenge the test results....

Issues that most people overlook in divorce in Ohio

Although divorce is often narrowly thought of as a legal process involving the division of assets, there are other important concerns that can be overlooked during this time. It is essential to consider these factors when making decisions, especially if you and your...

How Chapter 13 can protect your home from foreclosure

Homeowners facing bankruptcy often wonder if they can save their homes through the bankruptcy process. While Chapter 7 bankruptcy provides you with a little bit more time to resolve your pending foreclosure, Chapter 13 is different, and it allows you to save your home...

Probate 101: What is anciliary probate?

At every stage of your life, it's important to recalibrate and plan for the future. It's the best way to protect your Ohio assets and preserve your standard of living. Whether you're newly married, headed for divorce, or looking toward retirement, estate planning and...

How does a spouse’s depression affect a marriage?

Many residents of Ohio battle depression on a daily basis. Some of them are married, which means their issues can impact their marriage. In some cases, depression can lead to divorce. Symptoms of depression Although everyone occasionally feels depressed, there’s a...

Visit Our Blog

Contact Us For A
Free Consultation