The answer to the question is yes. But the better question: is it WISE to file bankruptcy without your spouse? Here are some of the issues that a bankruptcy attorney must consider.
- Do you and your spouse have joint debt? This can be determined by examining all signed notes such as for a car or house or credit card, and by reviewing all credit reports. If there is joint debt then it is best to file together.
- If there is no joint debt, but the non-filing spouse’s debt is significantly high? By not including your spouse’s debt in the bankruptcy too, you could be cheating yourselves out of a real fresh start.
- If there is no joint debt and your spouse is debt free to begin with, should both spouses file? Probably not. It doesn’t make sense to file both if only one spouse is truly in need of debt relief.
Even if both spouses don’t need to file for bankruptcy, both incomes must be considered. Looking at both incomes helps to determine which bankruptcy chapter the debtor can file, a chapter 7 or a chapter 13. The details of why you should file a chapter 7 or a chapter 13 are better left for another article. In the mean while, if you are considering a bankruptcy filing without your spouse filing too, remember to think about the questions listed above when you seek advice from a bankruptcy attorney.