“Non-Amicable” Divorce

Of  course, not all divorce proceedings which will ultimately be impacted by bankruptcy are conducted in a spirit ofcooperation. Timing in these cases becomes even more crucial. When a bankruptcy petition is filed, divorce proceedings are stayed, property division is halted, and community property comes under the control of the bankruptcy estate. If the debtor spouse files for bankruptcy before a dissolution, the non-debtor spouse's community property also becomes part of the bankruptcy estate, with the result that the trustee can sell property, such as a family home, right out from under the non-debtor spouse.

Only be in relatively amicable divorce situations, in which the spouses are attempting to mutually optimize their post-divorce financial pictures that a family law practitioner  would be advising a client to hasten a bankruptcy filing. It would be the unusual situation, to say the least, in which an attorney with a client contemplating the more typically adversarial divorce would advise him or her to file for bankruptcy if the client's individual financial situation did not warrant it.

However, if a client was in dire financial straights, a pre-divorce bankruptcy filing could result in a more modest and realistic divorce settlement obligation for a potential payor, and a more realistic support award for a potential payee.


  • Red Hill Law Group really knows their stuff. They certainly don’t try to push you into bankruptcy. They carefully explained everything, including how a short sale could impact you, and how sometimes it’s better to file Chapter 13, keep your house and make payments. They really seem to care about their clients and that’s very important to me. I recommend them highly.


  • The team at Red Hill Law Group took the time to explain our options and how they could help us climb out from under what seemed a mountain of debt.  Bert Briones was so professional, responsive and understanding of our situation it gave us the reassurance we needed to move forward.    I would recommend the Red Hill Law Group team to anyone struggling with credit card debt and unsure of what next steps to take.

  • Bert and his staff are truly exceptional. They treated me with respect and the utmost sensitivity. They were always easy to reach by phone too, which is huge. Altogether, working with them was a very positive experience for me, and I could not recommend them highly enough.

  • They made my hard situation so easy for me.  Accomodated my work schedule and so down to earth and friendly.  Told me exactly what to expect up front and every thing went exactly as planned.  Kelly, Bert’s assistant, was awesome too.  She is sweet, professional and organized!

  • Red Hill Law Group has helped in a way that would have been impossible for me to do on my own. They have negotiated on my behalf and have come up with a reasonable re-payment plan with my creditors.  Although this has been a long journey for me I look forward to the day that I am completely debt free and I will owe that respect to this law group.

  • Red Hill Law Group has been very helpful and resourceful. I was treated with respect and care.  The results were beyond my expectations.

Orange County Bankruptcy Attorney Bert Briones

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Orange County Bankruptcy Attorney
Bankruptcy Lawyer in Orange County CA.

Call 949-468-0915 for a FREE consultation today.
Learn if Chapter 7 is right for you or if Chapter 13 is a better option.