After a Divorce (dissolution of marriage) people take on some martial debt that is in joint names, or even sometimes just in the other person’s name. You may not discharge out of marital debt in a chapter 7 case if said debt was distributed to you in a dissolution of marriage action; unless, your former spouse is agreeable to the same.
Marital debt after a dissolution action may be dischargeable in a chapter 13 bankruptcy. If you want to discharge out of marital debt, this is something that should and could be done prior to having the dissolution action finalized, as martial debt does not matter whose name is associated with the debt, so it may a good strategy to agree with your spouse to discharge the debt prior to the dissolution being finalized to avoid debt issues in the dissolution and possible problems filing after your divorce is final. For more information on how to resolve the issue of marital debt you can contact the attorney’s at Schwam-Wilcox & Associates, as we practice in both area and will be able to guide you through both or either process.
