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Divorce and Bankruptcy In Lake County

According to the State of Florida: A divorce will not be granted by the state unless one of the following conditions is met:

  • The marriage is irretrievably broken
  • One of the parties is mentally incapacitated. Certain requirements for this condition are listed here under (1) b

Based on this evidence presented at a hearing, the court will place a petition for dissolution of marriage if there is no minor child from the marriage and if the responding party does not deny the marriage is irretrievably broken.”

If you are facing massive debts and the dissolution of your marriage together, then you need to understand the relationship between bankruptcy and divorce, and how these legal processes can affect you. A divorce decree typically divides marital property as well as debt. Filing for bankruptcy can greatly complicate a divorce and might result in unexpected financial losses. At BCN, our Divorce Attorneys in Lake County can help you discern the relationship between the two.


Within your divorce decree, if it requires you to pay alimony or child support, you might not be able to discharge those debts through a bankruptcy. Also, you might be required to turn over assets or property as a condition of the settlement to your spouse; you’ll likely still have ownership of outstanding debts. There are few exceptions to these rules, and some depend on whether the debt is viewed as a form of support or as a property settlement. Our Clermont divorce attorney can walk you through this with a free consultation* by calling 855-LAW-2020.


In your divorce decree, if assets are divided before the bankruptcy runs its course; your creditors might only require your share of the assigned debts. In some instances after the facts of your case is shown, you might opt to file for a joint bankruptcy. After the bankruptcy finalizes then you can file for the divorce. Once the bankruptcy is over, creditors won’t be able to come after either of you for most old debts. Understand that if this is what you choose to do than understand that sometimes the bankruptcy may take up to five years to complete.


Under certain aspects of Central Florida bankruptcy laws, some of your assets and property may be protected from creditors no matter the amount you owe. In some cases you can keep your primary home and a car up to a certain dollar value. You might also be allowed to keep part of your household items. These items and the amounts that you can keep are determined by current bankruptcy laws, which change from time to time. Know that a divorce court is not obligated to respect these rules. That is why the Divorce Attorneys at Boyette, Cummins and Nailos offer a free consultation*. You should know your complete rights under Florida divorce law and reap your full benefits.


When bankruptcy meets divorce

What you need to know about divorce

Chapter 7

State Of Florida Divorce Guide

If you are entering the deep waters of a Divorce and Bankruptcy in Lake County Florida do not try to “go-it’ alone. The council of a knowledgeable Family Law Attorney in Lake County is invaluable. Contact our offices at 855-LAW-2020 to schedule a free consultation*. “Know Your Attorney. Know Your Options.”