Can couples in a same- sex marriage file a joint bankruptcy case?

If your same-sex marriage is recognized under your state's marriage laws, then you may file a joint bankruptcy case. In the 2013 case of United States vs. Windsor, the U.S. Supreme Court held that Section 3 of  Defense of Marriage Act did not apply to same-sex marriages provided the marriage is recognized by the state.

The United States Trustee has taken the position that if you were married in a state that recognizes same-sex marriages, you may, file a joint bankruptcy case even if you now reside in a state that does not recognize same-sex marriages. 

Angie Seymour
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Bankruptcy Attorney Serving Augusta, GA