My spouse and I are separated and may be getting divorced (or there is already a divorce proceeding pending but not yet final.) We have a lot of debt together. What should I / we do?

If your marriage has not legally ended, you and your spouse may file bankruptcy jointly. A joint filing is usually advisable to maximize the homestead exemption, and / or just to save money on attorney and filing fees. Once the 'marital status' has terminated though, you and your spouse may not file jointly, but instead must file individually. Timing, therefore, is everything. If course, a joint filing assumes you and your spouse can put aside the differences resulting in the divorce in the interest of financial self preservation. You might be surprised how often divorcing spouses accomplish this degree of cooperation. The attorneys in the divorce case are, or at least should be, well aware of the consequences of bankruptcy in divorce.

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