Legal Question in Family Law in Texas
I was separated from my spouse for five years and just last year filed for divorce. Upon filing for divorce found that my spouse filed for chap 11 bankruptcy. Now I am being told that I can not proceed with my divorce until my spouse pays off all of the creditors, and my spouse has now moved to another state and is having wages garnished. It has not affected my credit or income. Is is reality that I must wait for the 5 years to proceed with the divorce
1 Answer from Attorneys
If you don't have an attorney then you need one.
You need a document from bankruptcy court allowing the state court to proceed with the divorce.
The document is called a STAY. You need an attorney that is licensed in federal court to go to bankruptcy court to get a judge to sign this document and submit it to state court.
You don't need to wait 5 years to get a divorce. You need an experienced family law attorney that you walk you through this bump in the road.
Yes it costs more money and it will take more time to get it done. It should not take 5 years.
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