Legal Question in Family Law in Nevada
Divorce allowed during bankruptcy?
My husband and I have filed chapter 7 bankruptcy, with the 341 creditor meeting behind us, we are just waiting for the discharge. We are also trying to get a divorce but I am receiving conflicting information of when I can file - one bit of advice was to file right after the 341 meeting, another was not until the discharge, and yet another was that it didnt matter at all. I would like to get this divorce as soon as possible, but no one will file it for me!!
1 Answer from Attorneys
Re: Divorce allowed during bankruptcy?
A bankruptcy stays (i.e. stops) all civil proceedings including certain aspects of divorce proceedings. You can lift the automatic bankruptcy stay in bankruptcy court and then proceed with the divorce in Family Court. While you are in bankruptcy Family court can bifurcate the proceedings based upon an agreement between you and your wife to bifurcate the proceedings. Which means the court can grant you a divorce only if you and your wife agree to proceed that way but the court cannot divide property and debt until the bankruptcy is discharged or the bankruptcy stay is lifted.
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