A divorce has been filed for, but has not yet been granted. One spouse wants to file bankruptcy, but the other does not. Can he legally file bankruptcy during the divorce?

Yes, one spouse can legally file bankruptcy during pending divorce proceedings. The federal bankruptcy law allows for one spouse to file an individual bankruptcy without the other spouse filing. This is true even in cases where a couple is married and living together and only one spouse wants to file the bankruptcy. In your case, the spouse can file bankruptcy alone but be aware (s)he may list you as a creditor in order to eliminate his/her responsibility for any joint debts. Usually, a court order in a divorce proceeding overrules a bankruptcy, but you will still probably be listed as a creditor on the bankruptcy filing for any joint debts. You should contact a bankruptcy attorney in your area if you have any specific questions about your rights.Terry Duncan Charlotte, NC Bankruptcy Lawyer