Legal Question in Family Law in Kentucky

You really need to talk to an attorney that practices in both areas of law. I find that practicing in bankruptcy and in family law helps me see issues that others might miss. For example, if you end up with a decree or settlement agreement wherein the debts you assume are deemed domestic support obligations, AND the other person was originally liable on that debt, then you will not be able to get a full discharge of that debt. Sure, you won't owe the specific creditor any more, but your ex-spouse will still owe them and he can then come back against you to "indemnify" (repay) you.

In general, filing bankruptcy prior to a divorce being final is better and, if both parties are eligibile, it really just makes sense to file jointly. However, your particular situation needs to be assessed properly.

You should consult a bankruptcy attorney and a family law attorney about this matter. Depending on the nature of the debts and whose name they are in and how much they are and how they were incurred depends on whether filing now or after a divorce would be recommended.