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Bankruptcy and Divorce

Bankruptcy and Divorce - San Jose Attorney

Is Debt a Contributing Factor to Your Divorce?

Financial problems are often a strain on many marriages. Spouses sometimes blame one another for their mounting debt, whether or not it is an accurate assumption. Frequent disagreements over financial concerns often lead to divorce.

At the offices of David A. Yomtov, Attorney at Law, in San Jose, California, we recognize the stress overwhelming debt can have on a marital relationship. While we can help you divorce your spouse, you are not able to divorce the debt incurred during your marriage. To deal with credit card bills, medical expenses and other sources of debt, filing for bankruptcy may be an option.

Contact us to arrange an appointment with David Yomtov, an attorney with more than 15 years of experience. By taking the time necessary to understand both your divorce and bankruptcy needs, he can help you achieve a solid foundation for the future.

Should You File For Bankruptcy Before or After Divorce?

Many of our clients wonder whether to file for Chapter 7 or Chapter 13 bankruptcy before or after their divorce. This is a good question, but the answer is different for each person. Every divorce and financial situation is unique. Attorney Yomtov will work with you to answer the question — should I file for bankruptcy prior to filing for divorce or after the decree is finalized?

Responsibility for Marital Debt

When you are considering divorce, it is important to realize you remain responsible for debt accrued during the marriage, regardless of how it is divided in your divorce settlement. Although a divorce decree divides debts between spouses, creditors are not required to abide by the family court's decision. If your former spouse chooses not to live up to his or her financial responsibilities, creditors can seek payment from you.

Issues involving debt and the end of a marriage can become complex. At the offices of David A. Yomtov, Attorney at Law, we guide clients through both debt relief and all issues related to divorce. To discuss your needs and options with an experienced lawyer, contact us