If I file Bankruptcy, does my spouse have to file?
No. Your spouse does not have to file. If you and your spouse live in the same household then your spouse's income will be included for your Bankruptcy. However, your spouse's assets will not be counted and his/her debts will not be included. If you and your spouse live separately, then your spouse's income will not be included in your Bankruptcy.
If you and your spouse have joint debts, then your liability on the debt will be discharged however your spouse will still be liable for the debt. You do have the option of filing together as a married couple. Then all joint debts etc, will be fully discharged.
Please call our office for a FREE initial consultation to discuss whether Bankruptcy will work for you.