If you are married, you may find yourself filing bankruptcy without your spouse. There can be various reasons for this, and it is possible. 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. However, if you are living together, their income (and their expenses) will be considered in bankruptcy. If you are separated, a signed declaration of a 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.

Some facts may make filing bankruptcy without your spouse advantageous. In these limited cases, it may be best for a married person to file alone and leave the spouse’s credit 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 your facts and help you decide 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, 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.