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If I Am Married, Can I File Bankruptcy By Myself?

By Susanne Robicsek, North Carolina Bankruptcy Attorney on Jan 29, 2007 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, Marriage and Debt, North Carolina

The simple answer is that, though you are allowed to file bankruptcy without your spouse, you may not choose to do so. The choice is yours.Your bankruptcy may affect your spouse. In some situations, there is no harm to the non-filing spouse. In others, the benefits to one spouse filing outweigh any harm. But it is important to be aware of what will happen. Some of the factors that need to be considered are:

  • whether you have joint assets
  • whether you have joint debts
  • how long you have been married
  • what type of debts you have
  • what state you live in

You can file for bankruptcy without your spouse but you may, or may not, want to do so. This will depend on your specific situation.

see also: Does My Spouse Need to File Bankruptcy? and Grant Griffith’s post on the subject.

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