Can You Go Through a Divorce and Bankruptcy at the Same Time?

 Posted on January 22, 2026 in Bankruptcy

In 2025, total filings for personal and business bankruptcy in the United States reached over 550,000, showing that many households continue to face serious financial pressure. For some people, that financial stress happens at the same time as a marriage breakdown. This often leads to questions about divorcing and filing for bankruptcy. In many situations, people are able to do both, but timing and planning are critical.

As of 2026, courts still treat divorce and bankruptcy as separate legal processes with different goals. If you are facing both issues, an Arlington, TX bankruptcy lawyer can help you understand how they interact and what steps make sense for your situation.

Can You File for Divorce and Bankruptcy at the Same Time?

You can file for divorce and bankruptcy at the same time, but doing so without a plan can create complications. Divorce cases are handled in Texas family court, while bankruptcy cases are handled in federal court. Each court follows its own rules and timelines.

When these cases overlap, decisions made in one case can affect the other. For example, filing for bankruptcy can impact when marital property is divided or how debts are handled. This is why coordination between the two matters.

How Does Bankruptcy Affect a Divorce in Texas?

When a bankruptcy case is filed, an automatic stay goes into effect under 11 U.S.C. § 362. The automatic stay pauses many collection actions and can temporarily delay parts of a divorce that involve property division.

However, family courts can still move forward with certain issues. Child custody, child support, and spousal maintenance usually continue despite a bankruptcy filing. Under 11 U.S.C. § 523, domestic support obligations are not discharged in bankruptcy. This means support payments generally remain enforceable.

Should You File for Bankruptcy Before or After a Divorce in Texas?

There is no one-size-fits-all answer when deciding when to file for bankruptcy. The right timing depends on your income, debts, and shared assets.

Filing for bankruptcy before a divorce may allow both spouses to deal with joint debts together. This can simplify matters when credit cards or loans are shared. Filing bankruptcy after a divorce may make more sense if debts were assigned to one spouse and that person needs relief.

What Debts Can Bankruptcy Help With During a Texas Divorce?

Bankruptcy can help address many debts that often cause conflict during a divorce, such as:

• Credit card balances

• Medical bills

• Personal loans

• Certain older tax debts

Understanding these limits helps avoid unrealistic expectations.

Can Bankruptcy Protect You From a Spouse’s Debts?

A divorce decree may assign debts to one spouse, but creditors are not bound by that order. If your name is on a joint account, the creditor can still pursue you for payment.

In some cases, bankruptcy can protect you by discharging your legal responsibility for certain joint debts. This can be especially important after a divorce when one spouse stops paying shared obligations.

How Do Virtual Bankruptcy Cases Work in Texas?

Most bankruptcy cases in Texas can be handled almost entirely online. Documents are filed electronically, and many hearings take place by phone or video. This makes it easier to manage a case while also dealing with divorce-related responsibilities.

A virtual process can reduce stress, save time, and help cases move faster without repeated trips to court.

When Should You Talk to a Bankruptcy Lawyer?

If divorce and debt are both part of your situation, it is best to speak with a lawyer early. Small timing decisions can affect property division, debt responsibility, and your long-term financial stability. Early advice can help prevent delays and costly mistakes.

Schedule a Free Consultation With a Wise County, TX Bankruptcy Attorney

Going through a divorce and bankruptcy at the same time can be a huge feat. Acker Warren P.C. helps clients navigate these situations by providing clear guidance and practical solutions. You will work directly with an attorney at every stage of the case, not a paralegal. Also, we can do everything completely virtually with an extremely fast turnaround.

If you are considering bankruptcy during a divorce, contact our Arlington, TX bankruptcy lawyer today. Call 817-752-9033 to schedule your free consultation and learn how to protect your finances while moving forward.