Does my spouse have to file bankruptcy with me?

If you married, you may file bankruptcy without your spouse.  At times, a joint filing may be recommended to protect your spouse.  Your attorney will go over the pros and cons of an individual vs. a joint filing.

Under the federal bankruptcy law, you will need to disclose all household income and expenses.  Unless your spouse’s name is on your debts, his/her name will not be mentioned in the bankruptcy. The petition will simple state “spouse’s gross income, spouse’s net income, spouse’s expenses.”


This answer does not create an attorney/client relationship and is for informational purposes only.  We are a law firm licensed in Georgia.   A consultation with a qualified attorney in your area is required to determine specific legal advice as to your situation and applicable law. We are a law firm designated by Congress as a debt relief agency. We help people file for bankruptcy relief under the bankruptcy code.

Angie Seymour
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Bankruptcy Attorney Serving Augusta, GA