Under certain circumstances, married couples may choose to file bankruptcy as individuals, rather than as a married couple. Filing separately is completely legal. It is also possible for one of the spouses to file, and leave the other spouse off of the petition. If you are married and considering filing separately or as a single individual, it is important to remember that debt assumed while you were married may be considered joint debt. If only one spouse files, it will not relieve the non-petitioning spouse from any debt obligations that may or may not be discharged. A married couple filing as separate petitioners, or if only one spouse chooses to file, generally makes sense only if there is no joint debt.
Many couples choose to file bankruptcy prior to their divorce, or as a result of divorce. It is often advantageous to file as a married couple to eliminate the commingling of debt obligations, following your divorce judgment. If you are considering divorce, there are special rules that apply regarding your bankruptcy petition.
In most cases, married couples can save attorneys' fees and court costs by filing jointly, as both spouses can list joint and personal debt on the schedule of assets, income and debts.
Learn more about being married but filing separate bankruptcies. Call an experienced Florida bankruptcy attorney at The Golden Law Group. We are ready to answer all of your questions about bankruptcy, debt relief and illegal collections practices.
From three convenient office locations, we represent individuals, families and business owners in bankruptcy matters in Bradenton, Brandon, Sarasota, and communities throughout the Florida Gulf Coast region. If you are over your head in debt and don't know where to turn for relief, turn to us. Contact us today for a free, no-obligation consultation.