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Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”. The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.
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Bankruptcy and divorce are frequently interconnected in Washington State, as financial struggles can both lead to and be exacerbated by marital dissolution.
Here’s why:
Financial stress and marital conflict: Money problems are a major source of stress in many marriages and can ultimately lead to divorce.
Increased expenses and decreased income: Divorce often means creating two separate households, doubling expenses like rent or mortgage payments and potentially reducing the overall household income.
Debt division complexities: Washington is a community property state, meaning debts incurred during the marriage (to support the marital community) belong to both spouses. Dividing these debts can be a complex and contentious process, potentially leading to one or both parties facing significant financial burdens, especially if refinancing is not an option or is unsuccessful.
Impact on credit scores: Joint accounts and co-signed loans can significantly impact credit scores during and after divorce, particularly if one spouse fails to make payments. A lower credit score can make it harder to qualify for new loans, further impacting financial stability.
Legal and court fees: The divorce process itself can be costly, with attorney fees and court expenses adding to the financial strain.
Child support and alimony obligations: For the spouse paying child support or alimony, these payments can significantly reduce their disposable income, potentially making it difficult to cover other bills and expenses.
Timing of bankruptcy filing: Filing for bankruptcy before a divorce can simplify debt division and potentially make the divorce process smoother. However, the timing depends on individual circumstances and navigating these issues requires careful consideration with legal guidance.
Important considerations:
Professional guidance: Seeking advice from both a bankruptcy attorney and a divorce attorney is crucial to navigate the complex interplay of these legal processes and make informed decisions that protect your financial interests. For example, it is possible that the result in bankruptcy may be different if bankruptcy is filed before or after marriage. A Family size of 4 has a different means test relative to median income by family size than does two families of two or a single person and a family of 3.
Community property state laws: In Washington, the community property laws mean one spouse can still be responsible for the other’s debts incurred during the marriage, even after divorce, in the eyes of the creditor.
Refinancing and indemnification clauses: To mitigate risks, spouses can consider refinancing joint loans and include indemnification clauses in their divorce decrees, specifying that if one party defaults on a debt, they must compensate the other for any financial harm. Keep in mind that the Party probably doesn’t have the money to pay, so any Court Judgment is likely to be uncollectible. Also, parents going to Court to get money from each other after a divorce can be damaging to minor children.
To Always Be a Human Being First, and My Role Second. To First, Do No Harm, then to provide the best legal outcome, smoothest process, best value, and to make a positive difference in the life of every client.
Christopher S. Mulvaney’s Mantra:
May I be filled with loving kindness for all life. May I be safe from dangers within and without. May I be healthy in body, mind, socially, and spiritually. May I be at ease and happy, doing good in the world.
May You be filled with loving kindness for all life. May You be safe from dangers within and without. May You be healthy in body, mind, socially, and spiritually. May You be at ease and happy, doing good in the world.
I am an experienced solo estate planning, debtor bankruptcy, and real estate attorney. At my law firm in Bellevue, Washington between Eastgate and Factoria, I do things a little differently. I am passionate about helping people take control of their lives.
One of my primary practice areas is urgent (bankruptcy), and the other is important, but not urgent (estate planning). Not letting the urgent crowd out the important is key. I have made a choice to include the positive difference I make in the life of each client in how I calculate profit. This means I have higher job satisfaction, and happy clients who confidently give referrals.
My goal is that my work is transformative for people during a challenging time in their lives. At Mulvaney Law Offices, PLLC (MLO), you will not find a gatekeeper. There are no forgotten cases hiding on an associate’s cluttered desk. It’s just me, working with each one of my clients one-on-one to resolve their legal concerns as favorably as possible.
As your lawyer, I will personally handle every aspect of your case. My office is not a factory churning out thousands of filings per year, where each case matters little. You, and your case, matter to me. You can see what clients have said about me, and leave your own reviews at these links.
Mulvaney Law Offices, PLLC is located in Bellevue, Washington, representing estate planning & chapter 7 and chapter 13 bankruptcy, clients in all 39 Washington Counties.
Washington State residents can meet with me in Zoom/DocuSign from anywhere in the world, and I can notarize their electronic signatures because I am a remote online notary. Just email me an image of your photo ID.
Admitted 2003 to the Washington State Bar Association (WSBA) Number 33595
Proud Member of the MetLife Legal Plans Attorney Panel Since 2007.
Broken chains at the feet of the Statue of Liberty dedicated October 18, 1886.The inside of Lincoln's jacket when he was assassinated on April 14, 1865: "One Country One Destiny"