I am filing for bankruptcy (myself)- Chapter 7. I'm newly married. Should we file Joint? or Separately? Why?

If your new husband is not in any type of financial distress, there is no reason for him to file bankruptcy. Simply because the two of you are married, is not something that is considered by the credit reporting agencies. Meaning if you have substantial debt, but your new spouse does not have any of that debt on their credit reports, then there is no reason for both of you to file for bankruptcy. Simply file chapter 7 bankruptcy, if you qualify, as they will consider the entire household income and there's a possibility that because you and your husband make too much money together you will have to file a chapter 13 bankruptcy. But there is absolutely no reason for both of you to file bankruptcy together if the debts are not joint accounts, meaning if the debts are not legally your new husband's debts, then is no reason for him the file. In the simple answer to your question this will in no way affect your new husband's financial situation or his credit score, it will only affect the person filing for bankruptcy.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147