Bankruptcy and divorce........

[magyar123]

Each state has different laws regarding filing for divorce and when the divorce is final. Here in California it's 6 months.
Do the new bankruptcy laws take that into consideration? If I would file for divorce on November 1, my divorce would become final May 1. If I also filed for bankruptcy on November 1, would the bankruptcy trustee/court consider me single as of that day or would I only be considered single six months later, even though the ex and i split up a longer time ago? Would only my six months prior to filing salary history be considered or the joint income history?

[HHM]

You are not legally divorced until you have a signed Divorce Decree (that is signed by the judge) and that Decree is filed with the Family Court and that is true of any state.

Keep in mind, you can file BK separately from your spouse, and if the two of you do not reside together or otherwise share expenses (you will probably need an affidavit to that affect), you shouldn't have a problem with your BK vis-a-vis having to declare your spouses income. But that is a question you would want to ask a BK attorney during a free initial consultation.