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Divorce and Bankruptcy

“Foreclosure”If you are contemplating divorce and both you and your spouse have significant debt, you can file bankruptcy together before the divorce is finalized. Once the divorce is finalized, you will have to file bankruptcy individually.

Bankruptcy can discharge your legal obligation to pay back the debts awarded to you in divorce. However, there are clauses in divorce decrees protecting the other spouse if creditors were to ever come after them. By filing bankruptcy, it only discharges your legal obligation to pay back debt. But since Washington is a community property state, any debt incurred while married is community debt, and the other spouse is still responsible for the debt in the eyes of the creditor.

The creditor does have a right to legal remedies toward the other spouse. This is when the special clause protecting them comes in to play. In Washington, the clause is called the Hold Harmless Clause. The other spouse can still be sued or garnished. If they have to pay for the debt awarded to you, they can take you into family law court and hold you in contempt for violating the divorce decree.

If the other spouse has filed bankruptcy after divorce, then the creditors cannot legally go after them for dischargeable debts. If you have been divorced, it is imperative you bring this to the attention of your Washington bankruptcy attorney. If you have lost your divorce decree, you can get a copy from the court your divorce was finalized in.

If you are divorcing and considering bankruptcy, you need the help of a knowledgeable bankruptcy attorney. To get help navigating the complexities of divorce and bankruptcy, contact the experienced Seattle, WA attorneys at the Law Offices of Jason S. Newcombe today.

Client Reviews
Great service and follow up. Its a scary thing when you need a lawyer but Jason and his team make it less so. Very happy with our outcome. Scott Thibeault
"I can't say enough great things about Jason Newcombe Law Office. I am retired military and I highly recommend Jason Newcombe Law Office. I reached out to Jason's office after sitting for hours reviewing multiple Domestic Violence Law Offices in King County. He responded before that day was over. I spoke with Jason's both in-person and by phone; felt very comfortable with his years of experience and straight talk. He took on my case, took me through the process with sound advice. The Attorney Erin Lane who accompanied me with my court appearances; can't praise and thank her enough for her time, selflessness and educational information prior to each court appearance. She made a really daunting task for me less fearful, given such grim circumstances. I am forever grateful for Jason and the Team of Attorneys." Tommy Harville
"I cannot thank Mr. Newcombe and his staff enough. They are awesome. When I first contacted his offices, I didn't know what to do. I was overwhelmed and confused. He did an amazing job, I highly recommend him! I had two cases, and he got both of them dismissed. If you are in trouble, do yourself a favor, give him a call. " David
"I had Mr. Newcombe's firm handle my ticket and I greatly appreciate their assistance. It was handle easily and with good communication from the associates. If you need assistance with some legal matters then I would refer you to them. " Marvin
"Jason Newcombe and his Associate's are all top notch individuals who will fight tooth and nail for you and go the distance to ensure that you receive the best outcome possible on your case. I would not be where I am today if not for the Law offices of Jason Newcombe. " Eric Brandt