Divorce and Bankruptcy in Dayton

When you file a bankruptcy, you need permission from the bankruptcy court to file a divorce proceeding.  If you are being sued for divorce by your spouse, he or she also needs to get permission from the bankruptcy court to continue with the divorce action against you.  In other words, all legal actions by you and against you are stayed (stopped) when you file a bankruptcy. For the divorce to proceed legally, a motion must be filed with the bankruptcy court. The motion is called a “motion for relief from stay”.  After it is filed with the court it takes about 30 days until a court order issues that grants the motion so that the divorce can proceed.

Why do you need bankruptcy court permission?  The answer is that when you file a bankruptcy any assets you have (like your home, cars, and household furnishings) are subject to the jurisdiction of the bankruptcy court and the bankruptcy court has to give permission for the assets to be divided in a divorce case. Our job as attorneys is to help you through the legal process as quickly and as painlessly as possible.  Call us today. We offer a free consultation and can help you understand your rights and duties in bankruptcy and with regard to family law matters such as divorce, child custody, child support, spousal support, or visitation rights.

Please be aware that support obligations are non-dischargeable in a bankruptcy. Specifically, child support and spousal support obligations cannot be wiped out by filing a bankruptcy.  In fact, you must include the name and address of the person to whom you owe child support or spousal support as a creditor in your bankruptcy petition for notice purposes.

Our office practices both bankruptcy law and family law so we can help you with any of the issues related to divorce or debt problems. 

Call us for a free consultation and we will help you through this difficult and sometimes confusing area of the law.

Call 937-275-7170 or TOLL FREE 1-800-789-7170 or complete our online FREE Consultation form today!