My spouse and I are thinking about a divorce but need to file bankruptcy. How are divorce and bankruptcy related?

Since under California's governing divorce laws all debts incurred during  marriage are equally the responsibility of both the husband and the wife, it is common that in the divorce proceeding they may reach an agreement that spells out who will pay which debts and in what amounts. Trouble brews when after they have finalized the Judgment of Dissolution (Divorce), one spouse files bankruptcy and the creditor(s) can no longer proceed against the spouse who filed bankruptcy. What's a creditor to do? Go after the other (non-filing)
spouse for all the debt. The agreement in the divorce case does not bind the creditors: it only affects the relationship between the two spouses. These situations are messy, and the non-filing spouse may need legal help in forcing the other spouse to make good on the agreement entered as a Judgment in Family Court. Click for more information about divorce and family law issues.