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Divorce & Bankruptcy

Divorce & Bankruptcy

Divorce and Bankruptcy Attorney in Kansas City, Missouri

There are times when divorce and bankruptcy issues overlap, and this is a more complicated scenario to handle. Both areas are under pressure. Whether your divorce is the result of stress caused by a bankruptcy petition, you have more decisions to make about how to divide your assets. Hence, before taking any crucial step, it is highly recommended to consult with an experienced divorce & bankruptcy lawyer.

Divorce complicates bankruptcy even further. These are the legal circumstances where the assistance of a competent lawyer is necessary to touch on the technicalities of your issues. In Missouri, Jeppson Law is a credible bankruptcy and divorce law firm that you can trust in Missouri. 

Since 2011, our team has been dedicated to protecting the rights of consumers residing in Kansas City. By being consistently diligent in rendering legal services, Joseph Chaddick Jeppson has also been a member of a number of associations, such as the American Bankruptcy Institute. If you are looking for a credible, experienced, and reputable law firm, hiring us is your best decision. Get help now!

Why do I need a Divorce and Bankruptcy Lawyer in Missouri?

Dealing with a divorce case is already frustrating, much more so when you are handling bankruptcy simultaneously. This complex legal process requires the legal help of an experienced bankruptcy attorney. Below are the important characteristics that a divorce and bankruptcy lawyer must have:

  • Empathy – There are a lot of bankruptcy lawyers in Kansas City, but only a few can thoroughly listen to you and put themselves in your shoes. A bankruptcy lawyer must take time to understand your situation, no matter how complicated it is. Bankruptcy cases do not just involve legal aspects but also the feelings of every client.
  • Reputable – Many clients overlook the importance of reputation. A well-known divorce and bankruptcy attorney will expedite and simplify the process. 
  • Knowledgeable – Perhaps the most important characteristic of a lawyer in this practice area is extensive knowledge of bankruptcy and divorce law. You don’t want a lawyer who is incapable of interpreting complex state law provisions or navigating the entire legal process, look for a knowledgeable and competent firm.

Jeppson Law has served many individuals in Kansas City since 2011. You deserve fastidious attention. We will take our time in understanding not only your case, but your feelings and emotions while dealing with it. We listen to all your concerns and share our knowledge by providing accurate information and wise legal options. Contact an experienced divorce & bankruptcy attorney today

Bankruptcy or Divorce—which one should I file first?

divorce and bankruptcy lawyer kansas city Married couples may come to the point of reaching divorce and bankruptcy as their last resort. The most common question that we are often asked is which one should go first. More often than not, couples would rather go for a divorce first and then deal with the financial side of the case afterward. However, as a general rule, we recommend filing for bankruptcy first before filing for divorce.

Regardless of whether you are planning to file for Chapter 13 or Chapter 7 bankruptcy, it is imperative not to take your debts for granted before getting divorced. This is important for the following reasons: (1) wiping your debts out means that there is a simple issue to deal with in the case of divorce; and (2) you might be unable to extinguish the debts if you are required to pay them according to the divorce decree and marital settlement agreement.

If you still cannot figure out what to file first, contacting an experienced Divorce and Bankruptcy lawyer will help you

The Limitations of Bankruptcy

If you pursue a bankruptcy petition after or during the divorce proceedings, there is a big chance that you will still owe the debts of your ex-spouse as assigned by the family court. As long as your name is stated on loan, the creditors will regard you as one of the debtors. Thus, once your ex-spouse no longer makes payments, the creditors will look after you. It is worthwhile to remember that child support and spousal maintenance cannot be eliminated by filing bankruptcy.

How to File for Divorce in Missouri?

In any divorce case, the first step should be to file a petition for dissolution. This will provide the court with important information about you and your spouse, such as your spouse’s name, where you married, and other pertinent information. Other cities and counties mandate the petitioner spouse to complete a Family Court Information Sheet. Following that, a court order will be issued called “summons,” notifying the other spouse that a divorce case has been filed before it. The petition will also be given to the other spouse as a copy. 

When filing your dissolution forms, you will then proceed with paying fees. The cost of fees will always vary by jurisdiction and is typically determined by the circuit court laws within which your case is brought up. If the married couple has minor children, both of them should file parenting arrangements.

The Cost of Petition for Divorce

The cost of the petition will always be determined by your family’s circumstances. For example, if the couple owns a business together, has difficulty settling child custody, and has a complex marital estate, the cost is likely to rise and the divorce trial will last longer.

In contrast, other couples who own minimal property together and reach a peaceful divorce agreement quickly will pay less and the proceedings will be relatively short.

How to File for Bankruptcy in Missouri?

You can self-assess or, much better, consult with an experienced bankruptcy lawyer to see if your debts are dischargeable in bankruptcy and whether you can use your exemptions to protect your assets. As soon as you pass the bankruptcy means test, you can proceed with applying for Chapter 7 bankruptcy with the help of your bankruptcy lawyer. 

If you are not qualified to file for Chapter 7 bankruptcy due to issues such as the necessity to protect your property from foreclosure or your car from repossession, you may consider filing for Chapter 13 bankruptcy.

The Cost of Petition for Bankruptcy

The cost of your bankruptcy petition, like the cost of a divorce, will always vary depending on a variety of factors. As a result, it is critical to consult with an experienced bankruptcy lawyer, as this is not something to be taken lightly. To estimate the average cost of filing for bankruptcy, these factors must first be understood. This can help you decide which chapter to file.

Property Division

Getting rid of your debts through bankruptcy will simplify the property division process in a divorce. However, before filing whichever chapter you choose, it is critical to understand which properties are exempt in Missouri. If these exemptions are sufficient to protect all property you and your spouse own, you may proceed with filing joint bankruptcy.

If you are unable to double your exemptions or have more exempted properties in a joint bankruptcy, filing the petition individually after the property has been distributed in the divorce will be more beneficial. Moreover, keep in mind that if you file for bankruptcy while in the middle of a divorce proceeding, the automatic stay will be suspended and will be reinstated only when the bankruptcy is completed.

Call our Divorce & Bankruptcy Attorney in Kansas City Now!

It is completely normal to have a lot of questions at this point. This article does not cover every aspect of the divorce and bankruptcy processes, and it should not be used as a substitute for legal counsel. Regardless of how much information you obtained from this article, you should still consult with an experienced divorce and bankruptcy attorney.

Your problems deserve careful and diligent attention; choosing Jeppson Law will give you the excellent legal services that you need. With more than a decade of strong commitment to helping clients, our legal team can give you the best possible outcomes. Other than Chapter 7 and Chapter 13 bankruptcy, we also handle Credit Repair cases. Get help from us today!

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