Filing a joint Chapter 7 before (or during) a divorce Presuming that as a couple you still qualify under the means test, and you and your spouse are on good terms, there are a number of benefits to completing the bankruptcy before the divorce. Bankruptcy and Divorce Costs. Bankruptcy filing fees are the same for joint and individual filings. So filing a joint bankruptcy with your spouse before a divorce can save you a lot of legal fees. Also, if you decide to hire a bankruptcy attorney, your attorney fees will likely be much lower for a joint bankruptcy than if each of you filed Author: Cara O'neill, Attorney. Dec 15, · The Law Dictionary: Joint Ownership on a Mortgage and Filing Chapter 7 Bankruptcy Consumer Education Services: Divorce and Bankruptcy — What You Need to Know if Your Ex-Spouse Files for Bankruptcy.