If you have significant marital debts and are thinking about getting a divorce, you need sound legal advice. You need to make sure that your jointly held debts do not become solely your responsibility.
If you are facing divorce and possible bankruptcy in southwest Ohio or northern Kentucky, Zingarelli Law Office can help you coordinate your divorce proceedings and financial concerns. Our experienced bankruptcy attorneys work hard to protect our clients’ interests regarding marital debts. If bankruptcy is the right solution for you, we can advise you regarding issues of timing and provisions that should be included in your divorce agreement. Our divorce attorney can also help directly with your divorce proceeding.
Before you you enter into settlement negotiations or you decide to file for bankruptcy, contact our law firm today for a no-obligation consultation about divorce and bankruptcy.
Many divorce agreements, including those in Ohio and Kentucky, include a hold harmless provision. When a spouse agrees to take on responsibility for marital debts, this provision creates an obligation to the ex-spouse to protect them from the collection efforts of creditors. This provision can lead to your ex seeking a contempt action against you.
In some situations, we can discharge this obligation even if you’ve already signed the divorce agreement. The exact wording of the hold harmless clause is very significant. If you have already taken on a marital debt, we can explain the implications of this as it relates to your legal responsibilities and your bankruptcy options.
These are complex questions that have no one answer. Sometimes it is better to file for bankruptcy before you divorce and sometimes after. It depends on your financial situation and the timing and urgency of your divorce. Our skilled bankruptcy and divorce attorneys can review your situation and provide insights into this question. Zingarelli Law Office can also work with your divorce attorney to clarify these issues and protect your financial interests.
If you owe past-due child support or alimony, these debts can be rolled into your Chapter 13 repayment plan.
For more information about divorce and bankruptcy, contact our Ohio debt relief lawyers online or call 513-381-2047 for a free initial consultation. We have offices in downtown Cincinnati, West Chester, and Norwood, Ohio, to serve you.