Do I need a legal separation to file for bankruptcy? How?

No, you can file bankruptcy separately regards of whether you're separated or not. However, if you're living together the income test to qualify for Chapter 7 is based on household income. This would include both your income and his

This all is very tricky. Pay an experienced BK lawyer for one hour of their time to have your questions answered. You don't want to make a mistake here - it could be costly!

You do not need a legal separation to file for bankruptcy. But if I am guessing right about the real nature of your question, you feel that your spouse's income and assets may make you ineligible to file bankruptcy. As to the income, if you are actually living in separate residences, you would not need to include your spouse's income in your bankruptcy. But because community property is the law in Nevada, you would need to disclose your spouse's assets, and these assets may or may not be protected if you file bankruptcy, even though you are separated You just cannot assume. Unless you are disabled, it is not likely that bankruptcy will affect your obligation to pay your student loans.

It is entirely permissible for a married person to file on his or her own, apart from the other spouse. There are often good reasons to do so, such as the one you mention. Find a good bankruptcy lawyer though, since in a marital property state there are some additional complications which need to be attended to. Good Luck.

You do not need to be separated to file individually, however, you really should consult with a bankruptcy lawyer to determine what your best option might be. Depending upon your household size and income, and depending upon what assets your husband owns and when they were purchased, there could be some considerations and/or complications that you will want to be aware of before jumping in and filing on your own. Whatever you end up paying in legal fees will be well worth it for the peace of mind you gain in knowing that as much will be protected as is possible.

No, you can file separately without separation or divorce. See a bankruptcy attorney and know that generally student loans are not dischargeable.