Just because you are married, does not mean you automatically need to file a joint bankruptcy with your spouse.
For example, say only one spouse works and holds all the debt, maybe just that spouse will choose to file, as the other spouse wouldn’t see a benefit from bankruptcy necessarily. As another example, say both spouses have debt, but one spouse doesn’t want to file for one reason or another. In both of these examples, one spouse filing is okay, there is nothing in the bankruptcy code that says you have to file a joint bankruptcy with your spouse.
If you have commingled jointly liable debt, if one spouse files bankruptcy, it may make sense for both to file. This is because the other spouse will still be liable on the debt, even if a single file bankruptcy is filed.
Both you and your spouse may choose to file, but possibly separate bankruptcies. For example, say one of you doesn’t qualify to file a chapter 7, but the other does. Maybe one party files a chapter 7 and the other party files a chapter 13.
On the other hand, say you are married, but separated and are thinking of filing a joint bankruptcy. Generally, as long as both parties can cooperate during the bankruptcy, are amicable, and still married, they can file a joint bankruptcy. You don’t even have to live with your spouse to file a joint bankruptcy.
Whether you should file a joint bankruptcy or not is an excellent question and one any of the attorneys at our office would love to explore with you in a free consultation.
CALL NOW FOR A FREE STRATEGY SESSION FROM A MN BANKRUPTCY LAWYER AT LIFEBACK LAW FIRM
If you have other questions about bankruptcy, visit www.lifebacklaw.com to speak with an attorney. You will be glad you did!
