If both you and your spouse have significant debt and you are both considering bankruptcy then you may want to have a conversation with your spouse about filing bankruptcy together before you file for divorce. It's a lot easier to file it together, and if there's a lot of joint debts and you file bankruptcy alone without your spouse after the divorce, your spouse is still going to be liable for those debts in full. If there's a way you can work together and file that bankruptcy before the divorce that's usually easier and debt will not be an issue in the divorce. Even if one of you files before the divorce, the marital debt will still be a issue in the divorce and you may have to pay your share of it pursuant to the final judgment. If all the debts are in your name and none of them are joint and it doesn't really matter what your spouse does with it, then you can certainly file your bankruptcy after the divorce is already done.
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