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Can I start the proceedings for a divorce even though we are in the middle of filing a bankruptcy jointly?

Question Detail

I badly want to get my divorce done but I am in the middle of filing a joint bankruptcy with my ex. do I need to wait until the bankruptcy is finished before getting the divorce?

Answer

You do not need to wait, in fact it will be better for you to file as soon as possible. In the state of California, it takes 6 months from the date of service on the other party to get a divorce. The longer you wait, the longer your divorce will take in the end. If you file now, at least the time will start tolling while you are figuring out your bankruptcy. Your finances will have to wait until after the bankruptcy but at least you can get the 6 month waiting period over.

You could also have a status only judgment entered and have the court reserve jurisdiction over the remaining issues until after the bankruptcy. You have options to consider, but you do not need to wait to file for divorce.

 

Posted in: Divorce, Family Law

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