Filing for divorce after filing Ch 13?

[aces67]

We filed ch 13 2 years ago. We still have 3 years left on our payments. I've put a lot of thought into everything and I'm leaning toward divorcing my dh.

What will happen with the bk payments? Will we just split them or what?

Do I consult my BK attorney for this question or take my BK papers to my divorce lawyer?

[pcn]

Was it the stress of the bk that did it? Sorry for personal question. But if it did, maybe I consider homeless, broke, but still married before jumping into this...

[lrprn]

We filed ch 13 2 years ago. We still have 3 years left on our payments. I've put a lot of thought into everything and I'm leaning toward divorcing my dh.

What will happen with the bk payments? Will we just split them or what?

Do I consult my BK attorney for this question or take my BK papers to my divorce lawyer?

So sorry to hear that your marriage is on shaky ground, especially after the stress of filing bankruptcy

Unfortunately bankruptcy and divorce often make uneasy partners. There are significant differences between states whether divorce trumps bankruptcy or vice versa when it comes to dividing up financial responsibilities after bankruptcy has already been filed as a couple. Court rulings and case law in this area are not consistent at all.

Most definitely talk with your bk lawyer before doing anything else and also get his/her recommendations for divorce laweyrs in your area who are also familiar with bankruptcy law to ensure your rights are protected if you do decide to proceed with the divorce before your Ch 13 is discharged.