Can I still get a Divorce while she's going Thru Bankruptcy Chapter 13?

You don't need to file motion to lift stay for proceeding with dissolution of Marriage during pendency of chapter13 by separate spouse. Not sufficient information regarding your issue of IRS debts. Either you work out a plan with your spouse regarding repayment of debt through her chapter 13 by contribution or you have your own plan with IRS to pay it outside chapter 13 or in a chapter 13 plan. It depends, how much is the outstanding amount, If IRS taxes owed for priority taxes or unsecured non-priority claim, your income and ability to be able to qualify for chapter 13 plan eligibility.

Regrettably, I have to disagree with my colleague on this one. Where I practice one has to move to lift the stay when either of the spouses are in a bankruptcy in order to proceed with a divorce proceeding. Bankruptcy is a very regional practice and this answer may change based on where you live. I would suggest you either have your wife consult with her attorney or you need to consult with an attorney of your own as to what the correct way to proceed is in your area. When dealing with a divorce in a bankruptcy you may be splitting community property assets that are part of her bankruptcy estate. Following the rules here is very important or you could damage her ability to successfully complete her bankruptcy. As to the IRS question more facts are needed. Good luck!

I agree with Ms. Howard. You can even find sample forms on the Southern District of Texas public website. I have posted the link below. If you and your wife are both willing to proceed with the divorce you can use an agreed motion and the process should be slightly easier. If you are hiring a divorce attorney the first thing you need to tell him or her is that your wife is in a Chapter 13 bankruptcy. If there is to be any king of division of property you may need the bankruptcy court to approve any settlements.