Divorce & debt · Augusta · Dublin · Statesboro
When divorce and debt collide.
Divorce and money trouble often arrive together. Two people who could just manage one household suddenly have to support two, and the debt that gets divided does not get any smaller. Here is plain information on how bankruptcy and divorce affect each other in Georgia, and how we can help. The first conversation is free.
Bankruptcy & getting divorced in Georgia
Why the two so often go together.
Many people are surprised to learn that divorce drives a significant share of bankruptcies.
In a lot of marriages, two incomes are just enough to support one household. Once the couple splits and the marital debts are divided, there often is not enough to support two. If you are divorced, or divorcing, and you need debt relief, it helps to talk with an experienced Georgia bankruptcy attorney who can explain your rights and options. We give straight advice to people weighing bankruptcy and divorce together across Augusta, Dublin, Statesboro, and the surrounding areas, and we help with the harder debt questions that come up along the way.
After a divorce
Which debts can be wiped out, and which cannot.
If you have already been through a divorce, the most important thing to understand is which debts bankruptcy can and cannot erase.
Support stays
If you were ordered to pay child support or spousal support, bankruptcy cannot discharge those obligations. They stay with you.
Some marital debt may be handled in Chapter 13
If you were ordered to pay a marital debt such as a credit card in the divorce, it may be possible to address that debt in a Chapter 13 case. One thing to know: the creditor still has the right to pursue your former spouse for the debt. If you are struggling to pay something assigned to you in a divorce settlement, we can review your divorce order and settlement agreement and find the debt relief option that fits your situation.
Before you split
Sometimes timing changes everything.
Filing jointly before the divorce
In many cases it makes sense for spouses to file a joint bankruptcy before the divorce is final. Doing it that way can clear much of the marital debt that would otherwise be split between the two of you in the property settlement. Filing jointly instead of separately also saves money, since there is one filing fee instead of two.
Student loans and divorce
Student loans come up often in divorce, and we will be straight with you. Student loan debt is difficult to discharge in bankruptcy. The law sets a high bar, you generally have to prove that repaying them would be an undue hardship, and courts decide it case by case. It happens in unusual situations, but it is not something to count on. What bankruptcy can more reliably do is clear your other debts so your budget has room to handle what is left. Bring your whole picture and we will talk through what is realistic.
How we help
Bankruptcy and family law, under one roof.
Divorce and debt are tangled together, and it helps to work with a firm that handles both. Kelly Brashear Kitchens handles family law for the firm, including divorce, custody, and support, and our bankruptcy attorneys handle the debt side. That means you can sort out the money and the family law questions without bouncing between offices that do not talk to each other.
If you are facing bankruptcy, or weighing it alongside a divorce, the smartest first step is to talk with an attorney who does this every day, so your rights are protected and nothing important slips through.
Ready to talk it through?
Let's sort out the money and the law.
One free, confidential conversation tells you where you stand and what your options are, with no obligation. Text is the easiest way to reach us, and we will get right back to you.
P.S. You do not need to understand any of the law to get help. Tell us what is going on in plain words, and let us do the rest.
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We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. We serve clients throughout Augusta, Dublin, Statesboro and the surrounding CSRA. The information on this page is general and is not legal advice, and contacting the firm does not create an attorney-client relationship. Every situation is different, and outcomes depend on the specific facts of your case. Prior results do not guarantee a similar outcome.