Legal Question in Bankruptcy in California

Re: Bankruptcy

You can still file a joint bankruptcy case as long as the divorce is not yet "final." In other words, if you are now legally entitled to marry someone else, it's too late to file a joint bankruptcy. However, if it's too late for that you can still both file individual bankruptcy cases.

Costs are too difficult to assess with only the information that you provided. You should both consult with an experienced bankruptcy lawyer right away.

Re: Bancruptcy

Yes, you or your husband has a constitutional right to file bankruptcy at any time. But you will only be able to file a joint petition before a judgment of dissolution is entered. The filing of the bankruptcy will stay any division of assets and debts at the Family Court level. The law says that debts divided in a divorce decree are not dischargeable. So, there is the possibility that your husband's debts to the creditors will be discharged, but any debts he owes to you will not. Meaning that you would still be required to pay back any debts not discharged in bankruptcy and your husband may well have to pay you 1/2 of those debts even if not in his name. But the law on this issue is not clear.