It has nothing to do with whether they share debt or not, the bankruptcy code only authorizes joint filings by legally married couples. So, if the domestic partners are not married, they cannot file a joint bankruptcy petition, although they can certainly file separately.
The more current issue going on surrounds married gay couples who were legally married in one state, but because of the "Defense of Marriage Act" it is not recognized federally. There are recent cases that have allowed joint filings of married gay couples in bankruptcy court, but you would need to check with a bankruptcy attorney in the specific jurisdiction where the filing is to take place to see the courts' position on this.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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