One common question among married people considering filing for bankruptcy is whether just one of them can file without their spouses. The answer is yes, but deciding whether a single filing or a joint filing will best fit your needs requires you to consider a lot of factors, including:
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So the question is: If you are married, can you file bankruptcy individually? Again, in many cases a married filer can file an individual bankruptcy petition – but he or she should consider these factors before deciding.
Worry about protecting a spouse's credit rating in a bankruptcy filing may be a reason why a married person would consider filing a solo bankruptcy petition, but before you make your decision, it's best to take into account all the factors listed above and others.
As you can see, the laws governing how bankruptcy works in marriages are complex and nuanced. To find out whether a joint or single filing is likely to best suit your needs, speak with a bankruptcy attorney today.