DOES MY SPOUSE HAVE TO FILE BANKRUPTCY WITH ME?
No your spouse does not have to file bankruptcy with you. In fact, each spouse has the right to file his or her own bankruptcy petition.
If all or the majority of the household debt is only in one spouses name, only that spouse needs to file bankruptcy. The fact that the parties are married does not require that both partners file bankruptcy together.
With that being said, if both spouses have debt or the majority of the debt is joint between them it is often cost effective to file a joint bankruptcy petition as there would only be one filing fee and the attorneys fees are only slightly more for a joint filing vs an individual filing.
I am, Russell Simonetta, Central New York’s Premier Bankruptcy Lawyer!