It will depend on the kinds of financial settlement you are expecting from your hu*****and: support or property settlement.
Support (alimony, child support, and etc.) are not dischargeable in bankruptcy procedure. You will receive support regardless of the bankruptcy proceeding of your hu*****and.
Property settlement (division of the house, for example) will involve a discretionary decision by the judge, evaluating the cost and benefit for the debtor to pay the debt. To get your share of property settlement, you will need to file a lien on the property as early as possible.
I don't know how much property settlement are there in your divorce. Therefore, I don't know if you require further analysis on this issue. However, if you are only expecting mostly support obligation from your spouse, you can file now.
Also, regarding the specific terms of your divorce, characterize as many of them as possible as "support." Make sure they take form of support as well -- for example, scheduled monthly payment and child's educational expenses. They are not dischargeable in a bankruptcy.
By the way, the new bankruptcy law revision deals mostly with nondischargeable criminal restitution. I don't know how it may affect your case.
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Support (alimony, child support, and etc.) are not dischargeable in bankruptcy procedure. You will receive support regardless of the bankruptcy proceeding of your hu*****and.
Property settlement (division of the house, for example) will involve a discretionary decision by the judge, evaluating the cost and benefit for the debtor to pay the debt. To get your share of property settlement, you will need to file a lien on the property as early as possible.
I don't know how much property settlement are there in your divorce. Therefore, I don't know if you require further analysis on this issue. However, if you are only expecting mostly support obligation from your spouse, you can file now.
Also, regarding the specific terms of your divorce, characterize as many of them as possible as "support." Make sure they take form of support as well -- for example, scheduled monthly payment and child's educational expenses. They are not dischargeable in a bankruptcy.
By the way, the new bankruptcy law revision deals mostly with nondischargeable criminal restitution. I don't know how it may affect your case.
------------------
If you find my advice helpful, please thank me. :)
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