Legal Question in Family Law in Texas

Re: Divorce and bankruptcy in Texas

Once either party files for bankruptcy, any pending legal action, including a divorce, is "stayed" (temporarily stopped). Someone must "lift the stay" (get the bankruptcy court's permission to continue) in order to proceed with the divorce. While this is often easy to do, it can delay things.

You can file for divorce and (1) hope that he does not file for bankruptcy, (2) file for bankruptcy and wait until it is over, or (3) if bankruptcy is sought by either you or him, attempt to have the stay lifted.

The route that you take will depend upon your relationship and cordiality, the amount of an nature of the property involved, and your prospects for coming out of bankruptcy, among other things.

You need to discuss this with a qualified atorney to ascertain your best course of action. Neither divorce nor bankruptcy should usually be pursued without an attorney, and certainly both at the same time should be avoided.