8, Tennessee
68 Woodmere Mall, #101
Crossville, TN 38555
(931) 787-1004

When to File for Divorce & Bankruptcy March 27, 2020

8, Cumberland
When to File for Divorce & Bankruptcy , 8, Tennessee

With disagreement over finances being a leading cause of divorce, it’s no surprise many people seek the help of an attorney to file bankruptcy as well as the dissolution of marriage. While you can file both legal motions at the same time, it’s not advised to complete divorce and bankruptcy simultaneously because the two can affect one another. Here’s how to determine which you should file first. 

Which Should You File First? 

attorney crossvilleMost people file bankruptcy before divorce. In part, this is because finances are treated differently for single or married individuals. When you register for bankruptcy, your assets are frozen, and debts are evaluated. When you file a joint bankruptcy with your spouse, all debts are addressed under one case, and your assets are shared, which may allow you to complete the process quicker and increase exemptions. It can also speed up the divorce settlement process. In addition, joint bankruptcy can eliminate contracts such as car loans and mortgages that neither party wants to be responsible for. 

If you were to file for bankruptcy during a divorce, it could delay the divorce proceedings, making the process more drawn-out and stressful. Keep in mind you should be on good terms with your spouse if you are to file bankruptcy first, as you’ll need to work together with your bankruptcy attorney, possibly for several months. 

What Are the Exceptions? 

Chapter 7 bankruptcy is a fast-track method that takes about three to six months. Chapter 13, on the other hand, involves making a plan that can last three to five years. If you’re choosing to file chapter 13, you may want to divorce first to avoid the divorce proceedings taking much longer than necessary. You may also want to divorce first if you do not meet the means test to qualify for chapter 7 as a couple, but your income does qualify.


If you need a trustworthy attorney in Cumberland County, TN, turn to Kevin R. Bryant Attorney at Law. Located in Crossville, this experienced attorney provides exceptional legal counsel for a variety of matters, including dissolution of marriage as well as child support and custody. Call (931) 787-1004 to schedule a consultation or visit the website to learn more about how Kevin R. Bryant can help your family.

Other Announcements, Events and Deals from Kevin R. Bryant Attorney at Law
A Guide to Expungement in Tennessee, 8, Tennessee
If the courts convict you of a crime, you may believe it will be on your record forever. However, this is not always the case. With the help of a skilled attorney, you can sometimes ...read more
A Guide to Driving After a DUI, 8, Tennessee
If you receive a conviction for driving under the influence (DUI) in Tennessee, you may be unable to get behind the wheel for up to a year. Naturally, you’ll want to do everything po...read more
FAQ About Tennessee Divorce Law, 8, Tennessee
Tennessee has unique regulations when you want to file for divorce. From residency requirements to mandatory waiting periods, determining what is necessary can be challenging. T...read more
An Introduction to Tennessee's DUI Laws, 8, Tennessee
DUIs are among the most serious moving violations, with harsh penalties and long-term consequences that can affect your finances, freedom, and career. If the court accuses you of dri...read more
When Can Adjustments Be Made to Child Support Payments?, 8, Tennessee
When a couple has children and files for divorce, the courts will usually put a child support order into place. This makes sure that the non-custodial parent provides adequate s...read more