Occasionally I will get couples that are seeking a divorce and simultaneously a bankruptcy, or at least thinking of it.
Since I focus solely on family law, I cannot necessarily help them with the bankruptcy portion, but I am more than willing to find out who their bankruptcy attorney is and, if they don't have one, help them find one.
The number one question I get from those seeking bankruptcy and divorce is 'if I get a settlement agreement in my divorce when the other spouse is responsible for the debt, will they leave me alone if my spouse opts not to pay?' The answer is no. You are not off the hook.
A divorce settlement agreement isn't binding on a 3rd party like a creditor. Technically, debt that was incurred during a marriage is a joint responsibility. They can come after both individuals.
If you have concerns about filing for divorce and bankruptcy at the same time, don't hesitate to reach out. I can refer you to an attorney I trust, and we can coordinate with one another to work on the best resolution for you.
