QUESTION
Do I have to be legally separated to file bankruptcy?
Asked on Sep 27th, 2012 on Bankruptcy - South Carolina
More details to this question:
My husband and I are newly separated. We are not divorced yet, but we do have separate households. Do we have to be divorced or legally separated for me to file bankruptcy?
17 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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No, but your situation will make the timing of the bankruptcy important.
Answered on Jul 17th, 2013 at 2:22 AM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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You can file bankruptcy while separated without including the other spouse's income as long as you live in separate households.
Answered on Jul 17th, 2013 at 2:18 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, each individual has a right to file. More information is necessary before you can be given an opinion, but your questions raise issues. You should seek counsel before you commit as your situation complicates matters.
Answered on Jul 17th, 2013 at 2:15 AM
Bankruptcy Attorney serving Atlanta, GA
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Jakob-Barnes Law Firm, LLC
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No, you just have to live in separate households.
Answered on Jul 17th, 2013 at 2:12 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, you can file bankruptcy individually, but you may need to list the husband's income in your bankruptcy. The best thing to do is to start to educate yourself about bankruptcy. There is a pamphlet available for download at my website, which will answer many questions and give you some very useful information about bankruptcy.
Answered on Jun 27th, 2013 at 1:22 AM
You may file your own bankruptcy any time you like.
Answered on Jun 12th, 2013 at 1:10 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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No.
Answered on May 22nd, 2013 at 1:42 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Not in Texas. There is no such thing as "legal separation".
Answered on Oct 08th, 2012 at 1:42 PM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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No, you do not need to be divorced or legally separated to file bankruptcy.
Answered on Oct 04th, 2012 at 10:49 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you are not divorced they will want financial information from your spouse.
Answered on Oct 01st, 2012 at 1:41 AM
1 Award
No. You can file a joint bankruptcy while separated or you can file individually. It would make sense for you to file jointly even if separated because you only pay one filing fee and attorney fee rather than two.
Answered on Oct 01st, 2012 at 1:41 AM
Daniel James Wilson
No, you can file by yourself. If you have separate residences your spouse's income will not be included in the means test.
Answered on Sep 28th, 2012 at 2:33 PM
No, it is ok for one spouse to file bankruptcy even if the other spouse is unwilling. He will remain liable for the debts after you receive your discharge.
Answered on Sep 28th, 2012 at 10:50 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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As long as you are separated and in separate households, you can use that definition for the dealing with the Means Test in your state.
Answered on Sep 28th, 2012 at 10:50 AM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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No. You have to sign a declaration under oath regarding the truth of your separation, but you may file separately.
Answered on Sep 28th, 2012 at 10:50 AM
William H. Von Willer
No, you can file separately, however, you may want to finalize your marital situation before filing.
Answered on Sep 28th, 2012 at 10:45 AM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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you can file by yourself NOW if you've been living separate and apart and EACH maintaining a separate household.
Answered on Sep 28th, 2012 at 10:42 AM