If you are married but intend to file for Chapter 7 bankruptcy by yourself, you can legally do so, but there are some important factors to keep in mind. For example, if you and your spouse share any debt (joint debt), you both will still be responsible for that debt. The more joint debt you have, the better off you may be by filing a joint petition.
Generally speaking, filing a joint bankruptcy petition is often a better option for a couple than for one partner to file individually, but it depends on which option will help the couple to keep the most property while discharging the most debt. If you are married but intend to file individually, you must also consider which debts you hope to have discharged and whether you can successfully do so without a joint petition.
While eligibility for Chapter 7 is not necessarily complex, the decision to file individually or jointly as a married couple depends on your unique financial circumstances, and an experienced and dedicated bankruptcy attorney can help you evaluate your options and make the decision that’s best for you. If you are struggling financially and considering filing for Chapter 7 bankruptcy, you’re not alone. Contact an experienced bankruptcy attorney today for a free consultation.