Divorce

[Stressedintx]

I am currently in Chapter 13 and have been separated from my spouse the entire time. He has recently filed for divorce. I am willing to proceed but will I be able to while I am in bankruptcy?

[justbroke]

Yes, but that comes with a caveat. If you are in a joint Chapter 13, then you'll need to decide whether to bifurcate the case into two separate cases, convert to a Chapter 7, or dismiss and refile the Chapter 13. You should speak with both your bankruptcy and divorce attorneys regarding any issues related to any settlement agreement on debt. How you deal with this bankruptcy could determine whether you are able to actually discharge debt related to the divorce. You need a strategy.