Do not worry, you can file chapter 7 bankruptcy and it will not affect your soon-to-be ex-husband. Since you do not live in the same home, you do not have to combine your household income which will greatly help you in filing chapter 7 bankruptcy. Since you are not jointly filing for bankruptcy with your husband, it will not affect his credit score whatsoever. The only thing that it may affect is certain jointly held property, an example would be if you purchased a home together or a car. Besides for jointly owned property, it will not affect your husband whatsoever. This is also true for people who are married and not getting divorced, it will not affect your spouse, the only thing it will affect will be that their income will be considered as household income to determine which type of bankruptcy must file and any jointly held property, but usually bankruptcy exemptions can handle this issue.
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://massachusettslawyeronline.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on Nov 19th, 2014 at 10:42 AM