Can I File Bankruptcy Without My Husband Or Wife?

Filing without your spouse in Missouri or Illinois is a possibilityand may even be a good idea in some instances

. If you decide it would be best to file together, you will have a joint case with a St. Louis bankruptcy attorney. It will include debts you both have, separate and marital, in your total case. If you decide to file separately, however, would only include that debtor's debts.

Are there good situations in which to file separately?

- Any debtor in the life of a bankruptcy must first ask the court's permission to incur more debt. Having one spouse uninvolved could allow you to still incur debt as a couple, if needed. This is a path to consider if, for some reason, you need to incur debt in the immediate future.

- If most of the debts are your own personal debts, there may be no reason to involve your spouse.

- A divorce or situation can make a bankruptcy a little messy. Why? A joint bankruptcy case means compromise and commitment to making decisions together. Making joint decisions is not easy when you are having marital problems. It may be best to just file separately from the beginning and avoid any disagreements.

- If for some reason one spouse wants to wait to file bankruptcy, you can file separately at different times.

While some of these situations may make sense for you, always think about any possible consequences before filing separately. One of those consequences to consider could be the negative creditor action your spouse could incur if you file separately. If you have this debt together and file separately, the filing spouse is protected but the spouse who does not file may not be.

This is the perfect example of a situation for which the free consultation was created. There isn't an easy solution when it comes to deciding whether it is better to file separately or jointly. An experienced St. Louis bankruptcy lawyer, though, can predict the outcomes of both decisions and help you decide which move is the wisest to make.

It also wouldn't hurt for you and your spouse to gather all the right information about bankruptcy to make sure you are making an educated decision. Look for free information from reputable attorneys in your area like bankruptcy FAQ, articles, and blogs to help you decide the best move for you to make to get out of debt.

by: Jim Brown

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