Does my spouse need to file bankruptcy with me?
Often married couples wonder if they need to file a joint bankruptcy. Not necessarily.
You have a right to bankruptcyEvery individual has the right to bankruptcy so long as he or she can demonstrate financial hardship. The law considers your income, expenses and assets in determinig whether you are in a financial hardship. Unless you and your spouse are separated the law will consider your spouse's income in determining whether you are in a financial hardship.
Married couples can file a joint bankruptcyA married couple, even if separated, can file a joint bankruptcy. A joint bankruptcy will address the debts of both spouses. A joint bankruptcy will show on the credit reports of both spouses.
You can file bankruptcy without your spouseYou can file a bankruptcy without your spouse as long as you qualify for bankruptcy. If you file it will address your debts and will be reported on your credit reports. Any debts owed by your spouse will not be forgiven.