QUESTION
Do I need to get a divorce or is a legal separation okay to file bankruptcy?
Asked on Apr 25th, 2014 on Bankruptcy - Michigan
More details to this question:
My husband and I have been separated for over 6 months and are living in separate households. I would like to get a legal separation then file bankruptcy but have not found any information online if I can do this. My religion frowns upon divorce so I would rather not do that. I tried to call a legal firm and ask this question but was told I would have to do the divorce then was quoted a price. I believe it was only because this company wanted to make money. Please help answer my question. I need to file bankruptcy as soon as possible due to garnishments from spouse.
12 ANSWERS
You should consult a bankruptcy attorney about the best timing of your legal separation if one is needed.
Answered on May 08th, 2014 at 5:52 PM
Debt Relief Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
You may file bankruptcy without filing for divorce or filing for a legal separation. You will be the only person discharged and your husband may be responsible for debts you both owed.
Answered on May 02nd, 2014 at 2:42 PM
If you and your husband live in separate households, that is enough. Getting a Legal Separation would by "icing on the cake".
Answered on Apr 28th, 2014 at 5:18 PM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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FOR WEST VIRGINIA ONLY: You may file a bankruptcy whether you are married, separated, or divorced.
Answered on Apr 28th, 2014 at 11:16 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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There is no need to get a divorce to file an individual bankruptcy.
Answered on Apr 28th, 2014 at 11:16 AM
You do not need your spouse's permission to file bankruptcy and you don't need to be divorced or legally separated to file bankruptcy either. There can be some complications relating to a married person filing bankruptcy without their spouse's participation but a competent bankruptcy attorney can address these issues for you.
Answered on Apr 28th, 2014 at 11:01 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Generally in Idaho, you are better off filing for joint bankruptcy as there are more exemptions and property that you can keep. However, if you want to file bankruptcy, I don't know that a legal separation will change anything. If you don't want to get divorced, then talk with a bankruptcy attorney and see what the affect of your filing bankruptcy on your own would be.
Answered on Apr 28th, 2014 at 11:00 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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You can get the legal separation prior to filing; it should be completed before filing. I would require that of my clients (if they are not going to get a divorce or reconcile).
Answered on Apr 28th, 2014 at 11:00 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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You are right the divorce law firm wanted to make money. The concept of the separation is not a legal one. It is whether they maintain separate households. Does the spouse contribute to the debtor's household by paying household expenses thereby freeing up income of the debtor who would not have to pay those household expenses.
Answered on Apr 28th, 2014 at 10:59 AM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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Although I am not a bankruptcy attorney, in California debts created during the marriage are community debts, meaning, they are attached to both spouses. If you don't want to file for a divorce due to your religious beliefs, there is no reason why you can't file for bankruptcy WITH your spouse. I hope this helps.
Answered on Apr 28th, 2014 at 9:16 AM
The problem is that even if one of you files for Bankruptcy, the other can be held responsible for ?JOINT DEBTS?. A divorce would be wise. During the divorce, you might want to consider putting into an agreement that certain debts will be yours and certain debts will be your spouses and that each of you would cooperate to remove the others name from your debts.
Answered on Apr 28th, 2014 at 9:15 AM
Bankruptcy Attorney serving Huntington Woods, MI
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Detroit Lawyers, PLLC
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You can file for bankruptcy by yourself before getting divorced. You can file individually as "married, not filing jointly, with declaration of separate households."
Answered on Apr 28th, 2014 at 8:47 AM