Should I file for bankruptcy or divorce first?

I'm sorry to hear that your financial difficulties have led to a breakdown of your marriage, I hear that story all the time. Since it sounds like both fuel working together and this is a mutual decision, the very best choice for you would be to file bankruptcy jointly prior to filing for your divorce. There are two obvious reasons to do this, first is the cost, it generally does not cost any more legal fees to handle a joint filing as opposed to a single person filing, in our office we don't charge any additional fees for a couple, the fees of the same for single person and couple in our office. Plus you only have to pay one filing fee, as opposed to two filing fees, which saves you even more money. Also your bankruptcy will be over in approximately 4 to 5 months, you may file for bankruptcy once your petition has been received, then you may file for divorce and neither one of those actions will affect the other. But if you file for divorce and obtain a divorce to create, then you technically can no longer file chapter 7 bankruptcy or chapter 13 bankruptcy jointly, you will be forced to file individually, which doubles the cost of bankruptcy for you.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147