Anyone contemplating divorce and a possible filing of bankruptcy should consult with both a domestic relations attorney and a bankruptcy attorney as well.  In the event that a party files for divorce, and during the time the divorce is pending before the Probate & Family Court makes a decisions to file for bankruptcy, that bankruptcy filing will prevent the divorce from proceeding in a timely manner, unless relief is granted from the bankruptcy court.  At the time that a bankruptcy is filed, there is an automatic stay filed that prevents creditors from further actions or proceedings against the debtor.  Therefore, it is always wise to consider whether or not the parties will file for bankruptcy first, joint or otherwise, prior to filing for divorce.  Parties with joint credit card debt should be concerned if their spouse files for bankruptcy in his or her name only, as the other spouse may be named as a creditor on his or her bankruptcy petition.  If one spouse's debt, credit card or otherwise, is discharged, that is have no further obligation to pay, the creditor will likely try to find any other guarantors or joint card holders.  This could have a significant impact on the division and allocation of debt and other marital assets.

There are several debts that may not be discharged in bankruptcy.  These include child support, alimony, student loans, criminal restitution, and some obligations from a property settlement in divorce.  There is a strong policy interest in protecting ex-spouses and children from the loss of alimony, support, and maintenance owed by a debtor who has filed for bankruptcy.  Additionally, case law is clear that attorney's fees incurred by a spouse are non-dischargeable so long as the primary debt is excepted from discharge.  Therefore, if attorney's fees are awarded as part of a judgment of contempt for failure to comply with court orders or judgments regarding child support and/or alimony, such attorney's fees are also non-dischargeable in a subsequent bankruptcy, even if the debtor lists the attorney and/or the spouse as a creditor.  Therefore, it is extremely important that there is a clear distinction between alimony and property division, and that the courts do not "blur" or merge the two issues.

Due to the complexity of the issues related to bankruptcy, it is always advisable to seek the assistance of a bankruptcy attorney.