Occasionally, a person who is married wants to file bankruptcy without his or her spouse. There can be various reasons for this, such as the debt was made only by one person; the couple is concerned about obtaining new credit in the immediate future; or perhaps the other spouse simply does not want to file. The good news is: you are permitted to file without your spouse. If you are living together, however, their income (and their expenses) will be considered in the bankruptcy. If you are separated, a signed declaration of separate household under penalty of perjury is required. If you are separated, the spouse’s income is not considered except to the extent that they are making contributions to your household, or paying support.
There are facts that may make filing without the spouse advantageous. In these limited cases, it may be best for the person for a married person to file alone and leave the credit of the spouse unimpaired. So, if you need to file bankruptcy, you can file by yourself. In every case involving a married debtor, consult with a bankruptcy attorney who will evaluate the your facts and help you make a decision on whether to file an individual or a joint case.
Your Next Step to Debt Relief
Whether your financial situation makes bankruptcy a good option or there is another alternative to solve your debt issues, the next thing you should do is get a free consultation from an experienced bankruptcy attorney.
Read More About Bankruptcy and Strategies to Overcome Debt
Chapter 7 – Usually cheaper and faster type of bankruptcy, but won’t help with a delinquent mortgage or car.
Chapter 13 – Does everything that Chapter 7 does, but with the added benefit of possibly helping catch up on past due mortgages, car payments, and taxes.
Taxes – If you owe money to the IRS, there may be several different options for you, including some non-bankruptcy options.
Student Loans – Bankruptcy can’t usually help much with student loan debt, but you can find out what type you have and you might be able to get some relief with a repayment plan.
Debt Lawsuit Defense – When a creditor sues you over a debt, you can respond with a defense, which if successful, may allow you to win the lawsuit.
Loan Modifications – A special agreement between you and your mortgage lender might help you with a past due mortgage loan.
Debt Library – More in-depth articles on some of the more detailed areas of bankruptcy and debt relief.