If you file a chapter 7, jointly, you have to qualify based on your combined income. If you are living together, the court will use your combined income figure. If you go through a divorce, the judge will have to approve the separation agreement. If you don't want a divorce, if your spouse does want a divorce, the judge will probably grant it. If you think your spouse is doing something illegal, you can file a bar complaint.
Answered on Jun 25th, 2013 at 10:57 AM