Bankruptcy Lawyer & Divorce Attorney – When You Need Both

Some couples get into the unfortunate position of needing both a bankruptcy lawyer and a divorce attorney. The spouses may wonder if they can use the same individual or whether they’re going to need two separate law practices. They may also wonder if they should do one before the other or should file simultaneously. Both of these life situations are forks in the road, turning points and some of the most stressful times that individuals will go through in the course of their lives. Here are some things to think about.

- Separate specializations: An attorney goes to school for many years to be able to practice general law. Finessing a specialty may take even more time in the classroom or courtroom. Typical law colleges take three or four years of graduate school before a person can take the bar exam and hang a shingle up.
- Divorce practice: A lawyer that specializes in divorce often focuses on an array of family legalities. Included in this arena would be divorce, legal separation, paternity suits, custody cases, grandparent rights and resolving child support issues.
- Bankruptcy firm: A legal eagle that focuses on bankruptcy would be more versed in the business end of law practice which would include Chapter 7, 11, and 13 bankruptcies, foreclosures, strategic defaults and overseeing short sale proceedings. Chapter 7 is a filing which wipes the financial slate clean and liquidates an individual’s debts and assets. Chapter 11 is one that is designed for businesses rather than individuals or couples. Chapter 13 is another version of this legal filing and one that reorganizes the debt so that it’s manageable rather than simply wiping it away. Many people are able to keep certain assets under Chapter 13 such as their home.
- Using same practice: Some law practices have attorneys who work in the same office but focus on different specialties. In this situation, engaging two separate professionals from the same firm to oversee both legal processes could work. Occasionally, a general lawyer may be familiar enough with both specialties to do everything but the couple should interview him or her to find out. The wife and husband will need to engage their own attorney for the divorce end.
- Simultaneous cases or one after the other: There are pros and cons to each of these options and it will depend on the individual circumstances. If using partners from the same firm, simultaneous filings could work to streamline some aspects of the cases. The soon-to-be ex-spouses will need to discuss this with their lawyers to learn of the most advantageous ways to proceed.
- Waiting till after bankruptcy for marital split: The couple may want to wait until their money problems are resolved and go to couples’ counseling to see if they can resolve some of their relationship issues. Since financial stress can spill into other areas of life, the relationship may turn the corner and become more positive after the red ink has been washed away.

Every situation is different. If marital partners want to split up and file for Chapters 7 or 13, they’ll need to discuss their specifics with a divorce and bankruptcy lawyer to learn how to proceed.