Divorce and Bankruptcy Lawyers in Texas

Experienced Attorneys to Help You Through Divorce and Bankruptcy

  • Guidance on navigating divorce and bankruptcy
  • Chapter 7 and Chapter 13 bankruptcy options
  • Legal advice on restructuring or getting rid of your debt
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Financial Consequences of Divorce

Financial consequences of divorce can be as follows:

  • Lost income
  • Alimony payments
  • Child support obligations
  • Insurance
  • Bankruptcy
  • Retirement planning
  • Taxes
  • Childcare expenses

To make matters worse, divorce and bankruptcy often go hand in hand. If you and your spouse are in the middle of divorce and one of you files bankruptcy, this can pause the divorce proceedings for quite a long time.

Therefore, to end this as quickly as possible, we recommend that both of you jointly file for bankruptcy first and then proceed with your divorce case. Filing for divorce brings along several obstacles couples must go through and can negatively affect your credit score. With more than 15 years of bankruptcy law experience, Leinart Law Firm has the skills and expertise to guide you through these tedious procedures.

How Divorce Impacts Your Credit Score

For many couples, the toll that financial issues take on a relationship is too difficult to work through. You may hear a lot about how divorce can cause bad credit or how someone’s credit score tanked after a divorce. How does divorce impact a credit score exactly?

Divorce & Credit Scores

While the divorce process doesn’t directly impact your credit score, there are many financial obstacles couples go through during the divorce process that can indirectly drop your credit score. Some things that happen during a divorce that could lower your credit score include:

  • Closing of credit accounts
  • Using a higher percentage of your credit card to pay legal fees
  • Co-signer of an account not paying their part
  • Missed payments due to stress or misunderstandings
  • Aside from these common situations, some spouses purposefully run up the credit card debt, knowing that it will be split during the divorce. The spouse may intend to harm the other person’s credit by doing so. Unfortunately, this ends up having a severe negative impact on both people’s credit.

Preventing Harm to Your Credit

The best way to prevent your credit score from taking a nosedive during your divorce is to try to maintain mutual respect for your spouse. Talk openly about your finances and create a strategy on how to walk away from the relationship in a way that doesn’t harm either of your long-term credit scores. Consult with your attorney about how to protect your credit during your divorce.

Marital Debt After Divorce

Marital debt after divorce depends on the state where you live and time when the debt was acquired. Texas is a community property state; meaning that any asset or debt that you or your spouse acquired during your marriage is considered community property. Both of you have 50% community property interest.

Similar to the community property division, any debt during your marriage leaves both you and your spouse equally liable. However, some specific circumstances can change the amount of debt that you owe. You may also conclude an explicit agreement that assigns a certain amount of debt to each spouse.

If you would like to know how much debt you may be liable for, it is best to talk to your divorce attorney. They would be able to advise you depending on your case.

However, it is important to note that if your ex-spouse files for bankruptcy, you will still be liable for the entire debt from the creditor’s point of view. Even if the debt is discharged for your former spouse, you will still hold this liability.

When a divorce has finalized and your former spouse files bankruptcy, the creditors will look to you to repay any outstanding marital debt after divorce. However, filing for personal bankruptcy can help erase any debt that is carried over from a divorce.

At Leinart Law Firm, we have witnessed this happen, and our clients that were facing financial trouble before a former spouse declared bankruptcy often went bankrupt as well. Therefore, consulting an experienced divorce bankruptcy attorney and accessing bankruptcy resources would be the best option to discover advantageous solutions.

How to Erase Credit Card Debt After Divorce?

Going through a divorce is tough enough. Add in mountains of credit card debt and you may find yourself just wanting to stick your head in the sand. Thankfully, there are ways that you can help eliminate credit card debt after divorce. Texas is a community property state. That means all assets and debts acquired during marriage are generally split 50/50 after a divorce. Even if your spouse was the one going on shopping sprees, you could be on the hook for half. Of course, there are exceptions, but far too many people end up with extensive debt after divorce. Leinart Law Firm can help you erase your credit card debt after divorce.

Credit Counseling

You probably have heard of credit counseling before, but after a divorce may be the best time to seek assistance. As part of a bankruptcy you will work through a credit counseling course which can help you prioritize debts, create a budget, and learn to live within your means. Many people who are feeling hopeless about their credit card debt feel much better once they have a realistic strategy for paying their bills and on the road to being debt free.

Filing Bankruptcy

Once your divorce is completed, you can file for bankruptcy to help eliminate credit card debt completely. Chapter 7 bankruptcy allows you to discharge all your debts and get a fresh start post-marriage. Filing bankruptcy isn’t for everyone and should be only considered with the help of an attorney who fully understands your case. There are very specific considerations you may want to consider before filing for divorce if you are thinking that bankruptcy may be an option for you. If you need answers to your questions, schedule a consultation with an experienced bankruptcy attorney.

Get a Free Consultation With a Bankruptcy Lawyer

Our lawyers can provide sound legal advice on your best debt relief and bankruptcy options. Consult our attorneys to see which debts are dischargeable through Chapter 7 or whether you would benefit from a Chapter 13 repayment plan. To get your free consultation on your bankruptcy case, fill out the form at the top of this page, email contact@leinartlaw.com or contact our offices for more information.