Legal Question in Family Law in Nevada
Divorce and bankruptcy
My husband and I are separated and will be filing for divorce. He does not want to pay the huge gambling debts he ran up. He wants to file bankruptcy and I do not. If he goes ahead and files before we file the divorce papers, do I have to go along with it? Am I required to joint him in the bankruptcy if we are not yet divorced?
2 Answers from Attorneys
Re: Divorce and bankruptcy
Bankrupty is a personal and constitutional right under federal law which supercedes state divorce law. He can file with or without you, married or not. Tou do not have to file too.
Re: Divorce and bankruptcy
No. Presuming you don't have debts that you can't pay, don't file. The casinos can't go after you for his gambling debts, presuming you didn't sign the credit application with him. It would be better for the bankruptcy to be over before the divorce starts.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
