Top-Rated Divorce & Bankruptcy Lawyers In Arizona

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Mesa Family Lawyers

1731 W. Baseline Road, #101
Mesa, AZ 85202
(480) 263-1699

Glendale Family Lawyers

8546 N 59th Ave #212
Glendale, AZ 85302
(602) 509-0955

Phoenix Family Lawyers

343 W Roosevelt St #100
Phoenix, AZ 85003
(480) 680-9126

Avondale Family Lawyers

12725 W Indian School Rd,
Avondale, AZ 85392
(623) 399-4222

Leading Divorce & Bankruptcy Attorneys For Arizona Divorce Filings Cases

Most Trusted Divorce & Bankruptcy Law Firm Serving Arizona

Family Law Attorneys For Divorce And Bankruptcy Procedures In Arizona

One of the most common reasons that married couples divorce is because of financial issues. These couples can turn to bankruptcy and divorce, which are legal procedures to dissolve both their debts and their marriage. If you are considering filing for both, you need to understand how bankruptcy and divorce interact under your personal circumstances.

Experienced Attorneys Specializing in a Wide Range of Divorce & Bankruptcy Matters

Divorce and bankruptcy are complicated, especially when you are considering filing for both within a short period of time. That’s why you need trustworthy legal advice from an Arizona bankruptcy lawyer who fully understands bankruptcy, divorce, and family law matters. Guidance from an experienced attorney can save you money, time, and effort as they help you move through the divorce and bankruptcy processes in a way that benefits you the most.

Legal Services for Divorce Cases Involving Bankruptcy

Comprehensive Legal Services for Divorce Cases Involving Bankruptcy Matters

We work closely with clients who are seeking both divorce and bankruptcy. Receiving advice and guidance from the same attorney simplifies the process and gives you peace of mind knowing all the details are expertly handled.

Expert Attorneys For Divorce And Bankruptcy In Arizona

Optimize Divorce & Bankruptcy Timing with Expert Legal Advice From Our Lawyers

Timing is everything when it comes to bankruptcy. For some individuals, filing for bankruptcy after divorce is better, while others will benefit more by filing for bankruptcy first. We can help you time your filings just right for maximum benefits.

Resolution of Business And Property Settlement Agreements After Divorce

Facilitating the Resolution of Business & Property Settlement Agreements after Divorce

If you own property or a business, divorce and bankruptcy become even more complex. Our trusted Arizona bankruptcy lawyers will be with you every step of the way, from filing to resolution, to ensure a successful outcome.

Reliable Bankruptcy & Divorce Attorneys Providing Services in Arizona

Divorce Lawyers Providing Expert Legal Advice On Bankruptcy In Arizona

Trustworthy Divorce Lawyers Providing Expert Legal Advice on Bankruptcy Near You

AZ Family Law Lawyers is one of the most trusted family law firms in the state. Individuals and families who are facing especially challenging circumstances appreciate our outstanding ability to guide our clients through the complex processes of divorce and bankruptcy, especially when facing both at the same time. We have a comprehensive understanding of Arizona family law as well as state and federal bankruptcy laws. We will use our expertise to protect your rights and interests every step of the way.

Effectively Dealing with Bankruptcy During the Divorce Process

If you’re already going through the divorce process and discover that your ex has filed for bankruptcy, you may be worried about what that means both for your divorce and for your personal finances. AZ Family Law Lawyers is here to help. We will help you understand all of the legal processes, review your legal options, and develop a plan for moving forward. Our priority is always to protect your rights and interests as we work within the court system or mediation to promote the best possible outcome.

Attorneys Helping Client Deal With Bankruptcy During A Divorce Process

Our Clients’ Testimonials

Divorce Attorneys With 5-Star Rated Reviews

5-Star Rated Divorce And Bankruptcy Law Firm In Arizona On Facebook
5-Star Rated Divorce And Bankruptcy Law Firm In Arizona On Google
5-Star Rated Divorce And Bankruptcy Law Firm In Arizona On Yelp

I can’t find fair enough words to describe my experience with KJ and Bryce handling my case. I can confidently say that they are an exceptional attorneys. They are professional, responsive, communicative, responsible, dedicated and they are legitimately invested in the successful outcome of your case. I was thoroughly impressed and beyond satisfied with the results. If I find my friends or myself in need of legal assistance in the future I’m going wherever they are.

S.F. ★★★★★

I highly recommend this law firm. Bryce was the attorney that handled my DUI case. He handled everything for me and explained things to where I could easily and fully understand. Bryce was very professional and helpful. Everyone I spoke with over the phone was helpful and friendly as well. The billing process was simple and affordable.

E.R. ★★★★★

Everyone we have worked with at My AZ Lawyers, from the initial contact to discuss the process, to filling out the necessary forms, and the filing, have been wonderful. They all took the time to answer any questions we had, they have been very responsive via phone and e-mail. One of the best things about them, besides their legal expertise, is their affordable payment plan. We would highly recommend My AZ Lawyers to our friends and family.

M.F. ★★★★★

Avoid These Common Mistakes When Filing Bankruptcy & Getting Divorced

Which should you file first, bankruptcy or divorce? This can depend on a variety of factors, the first of which is the chapter you choose to file. Most personal bankruptcies are filed under either Chapter 7 or Chapter 13 of the Bankruptcy Code. Chapter 7, which is only available to those under certain income levels, liquidates debts without repayment. Chapter 13 reorganizes debts into a payment plan that lasts between 3 and 5 years.

Some filers may qualify for Chapter 7 bankruptcy, but choose to file Chapter 13 bankruptcy anyway. This is because Chapter 13 allows those who are behind on payments, such a mortgage or car loan, to catch up over those 3-5 years while also keeping the asset. Chapter 13 bankruptcy can also be used for priority debts like child support and spousal maintenance, which can’t be discharged in Chapter 7 and can lead to wage garnishment at a much higher rate than other debts.

If you need help with bankruptcy, divorce, or both, our office is here for assistance. We offer free phone consultations in both types of cases, as well as reasonable attorney’s fees and payment plan options. The best legal representation doesn’t have to break the bank- learn for yourself by scheduling your free consultation today.

Bankruptcy And Divorce Lawyer Helping Client
Lawyer Helping Divorcing Client File For Chapter 7 In Arizona

Considering the Timing of Bankruptcy Filing in Relation to Divorce Proceedings

Filing Chapter 7 Before a Divorce

If you can wait a few months to file a divorce, you can avoid paying costs for two separate bankruptcies. While filing a Chapter 13 bankruptcy before a divorce usually isn’t a good idea, Chapter 7 bankruptcy is a different and much faster process. Filing Chapter 7 bankruptcy before a divorce can have many advantages.

One of the most significant advantages is that it reduces the amount of time you will need to spend on property division in the divorce. Arizona is a community property state, so both assets and debts that were acquired while the couple was married will be split evenly if they divorce. One spouse may agree to pay more than their fair share of the community debts in exchange for keeping valuable shared assets like the marital home, pets, furniture, and vehicles acquired during the marriage. However, if the spouse who agreed to pay debts later discharges them through Chapter 7 bankruptcy, the creditors may still pursue the other spouse for payment.

If a couple files Chapter 7 while they are still married, the debts will be discharged to both of their names. This also saves time (and hourly attorney’s fees) on asset division during a divorce. Chapter 7 is a much faster process than Chapter 13. A typical Chapter 7 bankruptcy is completed in just 3-6 months, which can be a more feasible timeframe for couples who know they want to get divorced and file for bankruptcy. This will save the couple bankruptcy costs compared to filing bankruptcy separately after the divorce.



Filing Chapter 7 Bankruptcy During Pending Divorce

In most cases, it’s better to file an Arizona Chapter 7 bankruptcy before filing for divorce because the debts will be discharged in both your names, making asset division during the divorce much easier. Unfortunately, some people want to make life challenging for their ex or lack financial options and choose to file Chapter 7 bankruptcy during a pending divorce. Although this can complicate your divorce proceedings, our Arizona family law lawyers are ready to fight on your behalf.

Narcissistic spouses make marriages miserable, but it doesn’t stop there. It can be especially challenging to go through divorce with a narcissistic or self-centered spouse who is unwilling to work with you to resolve key issues. Our Maricopa divorce attorneys have experience working with challenging spouses and will provide skilled representation for you and your children.

Filing Chapter 7 Bankruptcy During Pending Divorce

Filing Chapter 7 After a Divorce in Arizona

Statue Of Lady Justice

Explore the Benefits of Retaining a Dedicated Divorce Attorney in Maricopa

It’s generally better to avoid filing for Chapter 13 bankruptcy if you would qualify for Chapter 7 after you divorce your spouse. While filing bankruptcy while still married can save a married couple time and money, it is still sometimes better to wait until a divorce is finalized to proceed with a Chapter 7 bankruptcy. There are strict income limits for Chapter 7 filers that may be easier to meet when the spouses are no longer married.

There are only two ways to qualify for a Chapter 7 bankruptcy in Arizona. One of these is the Means Test. This will combine the couple’s average monthly incomes and deduct necessary expenses. If the number left is negative, the couple will qualify. However, most filers looking to qualify for Chapter 7 simply compare their income to the median income level for their state. If their income is less than the state median, they automatically qualify for Chapter 7.

Getting Divorced While in Chapter 13 Bankruptcy

Chapter 13 bankruptcy is one approach to bankruptcy in which your debts are restructured into a 3-5 year payment plan. If you plan to divorce, it may be best to file this type of bankruptcy after your divorce has been finalized. Some couples make the decision to divorce while they are in the midst of their 3-5 year repayment term. Our Arizona bankruptcy lawyers are ready to help you resolve these complex situations while protecting your interests as well as the interests of your children. Reach out to us today to get started.

A Chapter 13 repayment plan will be based on your income at the time the petition was filed, which can make filing a Chapter 13 while still married tricky. Your payment plan will be based on your combined income, so unless your spouse doesn’t work, affording the payments that are calculated on a dual income will be nearly impossible after you divorce. Chapter 13 plans will leave you with very little disposable income at the end of each month – definitely not enough for one spouse to go out and rent a new home. Divorcing will become exponentially more difficult for the 3-5 years the payment plan lasts.

Attorney Holding Rings And Divorce Agreement

What to Do When Only One Spouse Wants to File Bankruptcy Before Divorce

Only One of Us Wants to File. Now What?

If only one of you wants to file bankruptcy, you can still proceed with Chapter 7 without including your spouse. However, debts will only be discharged to the filer’s name. Your spouse will be protected while you are still married, but once your divorce is finalized, your creditors will pursue your spouse for the discharged debts . Your spouse’s income will still be included with your own for qualification purposes. Filing Chapter 13 without your spouse’s cooperation simply isn’t feasible.

Divorce can be filed unilaterally, meaning if one spouse wants to divorce, it can proceed even if the other spouse doesn’t want to divorce. The spouse who files for divorce, the petitioner, will list their preferred terms of the divorce in the petition. If the other spouse, the respondent, refuses to answer the petition, the petitioner will be granted a default order.

What to Do When Only One Spouse Wants to File Bankruptcy Before Divorce
How To Tell If You Need A Divorce And Bankruptcy Attorney
Do I Need an Attorney?

Avoid proceeding with a bankruptcy or divorce unrepresented. You should always consult with an attorney before proceeding with a legal matter, even if you end up choosing to represent yourself. AZ Family Law Lawyers offers these consultation free of charge. We are a full-service law firm who handles many types of cases, including bankruptcy and family law, which makes us fully equipped to help you strategize the timing of your divorce and bankruptcy. We can also help you confirm which chapter of bankruptcy is best for you.

Uncontested, amicable divorces can often be resolved without hiring attorneys. If the couple has been married for a significant period, has minor children together, or acquired significant debts and assets during the marriage, this complicates the divorce and often requires legal representation. Bankruptcy filers who proceed pro se, or without an attorney, stand a decent chance in Chapter 7. Approximately ⅔ of those cases are successfully discharged. Pro se Chapter 13 filers have a success rate of less than 1 percent.

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Benefits of Hiring Our Attorneys for Divorce Cases Involving Bankruptcy

Divorce Lawyers Who Will Fight for Your Rights & Protect Your Assets in Family Court

Divorce and bankruptcy have long-lasting implications for your life, which is why you need representation from a tough Arizona family law lawyer who understands both processes and is ready to fight on your behalf. We use our expertise to protect your assets and rights in family court.

Reputable & Seasoned Divorce Attorneys who Provide Legal Services to Clients in Arizona

AZ Family Law Lawyers has developed a reputation for being tough, skilled family law lawyers who offer the highest quality legal services. Whether you’re facing divorce, bankruptcy, or both, we are here to help you from start to finish. Call our firm today to schedule your free consultation!

Highly Skilled Divorce & Bankruptcy Attorneys Near You

Our Arizona family law attorneys have a solid understanding of Arizona family and divorce law, as well as state and federal bankruptcy laws. We will work within the legal framework to help you time your divorce and bankruptcy to your maximum advantage. Reach out to us today!

Flexible & Affordable Payment Plans & Options Tailored to Your Divorce Case

During bankruptcy and divorce, your financial future can feel uncertain. That’s why we offer multiple affordable, flexible payment plans designed to meet your needs. We strive to keep our rates competitive and accessible for families who need our trusted Arizona family law services.

Expert Divorce Lawyers Specializing in Bankruptcy Matters

Many law firms specialize in family or bankruptcy law and don’t understand how these two areas of law work together – but we do! AZ Family Law Lawyers is your top choice for legal representation if you’re wondering how to make divorce and bankruptcy work well for you.

Expert Divorce Lawyers Specializing in Bankruptcy Matters

Don’t trust your divorce case to just any lawyer. You need legal representation from an experienced Maricopa annulment lawyer who has a comprehensive understanding of the law, has worked with many other families, and is prepared to build a strong case on your behalf. Call Arizona Family Law Lawyers now!

Several Years Of Experience Handling Divorce Cases Entwined With Bankruptcy Issues

Divorce and bankruptcy are complicated enough on their own, but can be overwhelming when you’re struggling with your future and wondering how they can fit together. Our Arizona family law and bankruptcy lawyers are ready to guide you through the process with respect and expertise.

Divorce & Bankruptcy FAQs in Arizona

What Is Divorce In Arizona?

Divorce is the legal dissolution of a marriage. When one or both spouses decide they no longer want to be married, one will file a divorce petition and have it served on their spouse. The spouse who files the petition (the petitioner) will request all their desired terms of the divorce in the petition. When the other spouse (the respondent) is served, they must respond within 20-30 days. If the respondent fails to answer the petition, the judge will issue a default order granting everything the petitioner requested. If the respondent disagrees with the petition and files their response with the court, the case may proceed to trial. During the trial, the judge will rule on issues regarding child custody and support, spousal support, and property division.

What Is Bankruptcy?

Bankruptcy is a legal way for people struggling with debt to either liquidate or reorganize those debts through Chapter 7 or Chapter 13, respectively. Chapter 7 is a 4-6 month process that liquidates unsecured debts, but has strict income limits and asset exemptions. Chapter 13 reorganizes debts into a 3-5 year repayment plan calculated to pay off as much debt as possible using all of the filer’s disposable monthly income.

Can I File Both Divorce & Bankruptcy?

You can file both cases separately, and which you should file first will depend on your specific situation. Filing both at the same time can make things far more complicated than they need to be. When you file both Chapter 7 and Chapter 13 bankruptcy, a legal mechanism called the Automatic Stay goes into effect. This freezes your assets so that your creditors can’t garnish or repossess them. This also freezes your assets for the purposes of asset division in a divorce.

If You File Bankruptcy During The Divorce, What Happens?

When the Automatic Stay freezes your assets during a divorce, the property division portion will be slowed down, if not stopped until the bankruptcy is completed. If you are in Chapter 13 and both of you earned income, you may be able to have your plan restructured into two separate plans or converted into Chapter 7. Otherwise, you will need to have your case dismissed.

Which Should I File First, Divorce Or Bankruptcy?

If you only qualify for Chapter 13 bankruptcy, your best bet is almost always to wait until after a divorce to file. Your Chapter 13 plan will be calculated using your and your spouse’s income if you are still married, and unless you were a single earner, you probably won’t be able to afford your payments after the divorce. You will also be legally entangled with your ex-spouse for another 3-5 years. Filing bankruptcy before the divorce has its advantages if you qualify for Chapter 7. You and your spouse will be free from any community debts you have and not spend time and attorney’s fees resolving that during your divorce. You will also save money on filing and attorney’s fees because you can share your attorney instead of each hiring your own. However, you may have an easier time qualifying for Chapter 7 after a divorce.

What If My Spouse Wants To File Bankruptcy On Their Own?

You will only receive limited protection from your creditors if your spouse files for bankruptcy on their own. Keep in mind that if your spouse discharges community debts in a single bankruptcy, those creditors could pursue you for those debts if you were ever to divorce.

What Kind Of Debts Are Split In A Divorce?

Debts that are secured to assets usually go to the spouse who keeps the asset. All other debts incurred during the marriage will be split evenly between the spouses unless they agree to a different arrangement. This is because Arizona is a community property state, so debts incurred and assets acquired during the marriage belong to both spouses equally.

Can I Get My Divorce Expenses Discharged In A Bankruptcy?

If you incurred credit card debt and other personal debts during your divorce to make ends meet, these will likely be dischargeable in your bankruptcy. You may also incur debts because you are adjusting to living on a single income. In bankruptcy, you can surrender a vehicle or lease you can’t afford or discharge a repossession deficiency. However, if you are behind on child and spousal support you were ordered to pay in a divorce, these debts can’t be discharged in bankruptcy. Chapter 13 allows you to spread out your past-due balance over 3-5 years, but there is no way around paying your full arrearages in bankruptcy. Attorneys’ fees for family law matters are usually non-dischargeable as well.

What If My Ex-Spouse Files for Bankruptcy AFTER our Divorce?

If you and your spouse didn’t have any debt at your divorce or have since paid it off, this will not affect you. If your spouse was ordered to pay community debts in your divorce and has filed a Chapter 13, this won’t affect you unless their case ends up dismissed, and your spouse continually misses payments on community debts after the dismissal. If your spouse was ordered to pay community debts in your divorce and has filed a Chapter 7, these creditors will likely pursue you for the debts once the case has been discharged. You will either need to pay or settle the balance or file bankruptcy yourself.

Do I Need A Different Attorney To File For Bankruptcy Than The One I Used For My Divorce?

There may be a conflict of interest for an attorney to represent you in both matters, depending on the order and chapter you file. Even if an attorney can only represent you in one of the matters, you should still consult a full service law firm if you are considering both bankruptcy and divorce. An attorney who specializes in both divorce and bankruptcy will be the best equipped to answer your questions about both of your legal matters. If you’re looking for a full service law firm in Arizona that offers competitive rates, call our office today to schedule your free consultation.
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Get a Free Consultation with Our Divorce & Bankruptcy Lawyers

Are you considering divorce or bankruptcy, and wondering how to make these complex legal processes work well for you? Call AZ Family Law Lawyers to schedule your free, confidential consultation. We will review your situation, discuss your legal options, and help you develop a plan for moving forward. Our experienced Arizona family law lawyers are compassionate and dedicated to helping you achieve the best possible future, no matter what legal needs you may have.

Call our friendly team now for your obligation-free, no pressure obligation. We are ready to talk with you and help you better understand the legal processes of divorce and bankruptcy.

Visit Our Office Conveniently Located In Phoenix

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Looking For A Trusted Lawyer Experienced In Bankruptcy & Divorce In Mesa? Let Us Represent You

Considering Bankruptcy While Getting Divorced In Glendale? Contact Our Law Firm Today!

Planning On Filing Bankruptcy After A Divorce In Phoenix? Our Lawyers Are Here For You

Ready To Start The Divorce Process During Bankruptcy In Gilbert? Our Attorneys Can Help!

Overwhelmed By Debt During A Divorce? Our Lawyers Can Help You Regain Financial Control

Attorneys Providing Legal Services For Divorce Procedures Throughout Arizona

Read Our Blog & Learn More About Divorce & Bankruptcy

Check out our blog to learn more about divorce and bankruptcy in Arizona and how a trusted family law lawyer can benefit you!

AZ Family Law Lawyers
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