No, you and your spouse are not required to file for bankruptcy together. However, you may both want to file for bankruptcy jointly if you and your spouse share responsibility for the debt. If you and your spouse have co-signed a debt together, this may be a debt that the two of you share. For instance, if you have bought a car together, you may both have signed for the loan.
If you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin) or have opted in to community property arrangements in Alaska, you and your spouse are jointly responsible for debts either or both of you incurred during your marriage, even if you did not "co-sign" for them. This may impact whether or not you decide to file jointly or whether you want to file on your own.
The decision to file for bankruptcy involves many considerations that you might not be aware of until it's too late. BK Chapter Forum has a wealth of resources at your fingertips to get you started on your journey through bankruptcy. While it may seem difficult now, perhaps unbearable, bankruptcy can be a good thing.
Whether you file for Chapter 7 or Chapter 13, you’re well on your way toward getting out of debt and putting your best foot forward.
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DISCLAIMER: The above stated information should not be relied upon as legal authority nor should it be used as a substitute for reference to the U.S. Bankruptcy Code. Sole purpose of this website is debtor education towards bankruptcy. The information provided on this website may supplement, not substitute, for the advice of competent legal counsel. Please be advised to consult a bankruptcy attorney for legal advice. For additional information, please refer to the United States Bankruptcy Code (title 11, United States Code), the Federal Rules of Bankruptcy Procedure (Bankruptcy Rules), and the Local Rules for the respective States Bankruptcy Court.