Which comes first is a complex question.  One that you should seek professional advice for.  In Pennsylvania, when you get married, all assets and  debts acquired during the marriage are considered marital.  Which mean each spouse shares in the asset or debt regardless of who’s name is on it.  If you file bankruptcy, individually, before you are divorced, your spouse could still have the obligation to the debts if they co-signed.

Bankruptcy First?

If you and your spouse are getting along then there are numerous benefits to filing bankruptcy first:

1.  By filing jointly, all debts will be addressed under one bankruptcy case.
2. You can wipe out your joint debts together and may also be able to increase your exemption amounts. This is also helpful if one spouse makes all the money because it will increase the chance of qualifying for a Chapter 7 for that spouse.
3. Bankruptcy will also eliminate contracts that neither one of you wants, like car loans that cost too much or mortgages on houses that are completely underwater.
4. Eliminating these debts may help in resolving the Equitable Distribution portion of the divorce proceedings.

If you qualify for a Chapter 7, the process takes 90 days.

However, Chapter 13 bankruptcy proceedings are much more complicated and can leave both of you obligated to payments for 36 to 60 months.

After the bankruptcy is completed, then divorce will proceed without any further delay from bankruptcy.

Divorce First?