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Daily Archives: September 12, 2022

Divorce and Bankruptcy

My spouse and I both want a divorce. We also need to file for bankruptcy due to our significant debts. What should we do first: file for divorce or file for bankruptcy?

The answer depends on the circumstances of your case, according to a recent article in Lawyers Journal written by Pittsburgh attorney Beth Slaby.

“If the spouses are on amicable terms, it may be best to file bankruptcy first,” she writes. “This allows both to share in the cost of attorneys’ fees and filing fees and could possibly protect them from paying joint debt.”

On the other hand, she writes: “The benefit of filing for divorce first may be that a married couple’s joint income is too high to qualify for a Chapter 7 bankruptcy case, but a person might be able to qualify individually after the divorce is final.”

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, spousal support, alimony, division of assets and debts, and Protection From Abuse (PFA).

Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Last Will and Testament Requirements

When making your Last Will and Testament, the following factors must be met for it to be deemed a valid legal document under Pennsylvania law:

  • You must be 18 or older to make a Last Will and Testament.
  • You must be of sound mind.
  • Your will must be in writing, containing your signature or mark, or signed by another at your direction in your presence, and the signing must be done in the presence of two witnesses who also sign at the same time.
  • You must have a date on the will of when it was created and signed.
  • You must name a person to be the executor of your will. It is recommended that you also name a backup executor, as a contingency in case your first-named person cannot serve (or prefers not to serve) for some reason.
  • You must list at least one substantive provision. For example, you must leave your property to a named person in your will.

Spivak Law Firm helps people carry out their wishes by drafting their Last Will and Testament and Powers of Attorney. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.