Q: If I am married, can I file bankruptcy without my husband?
A: The quick answer is yes. The challenge is how to divide the bills and assets. But you can do it and should if you need it. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
Kevin M Ryan agrees with this answer
A: Yes. There is no requirement that you file a joint case. Basic contract law applies to whether you or both of you are liable for a debt. Issue is whether one or both of you signed the agreement which would establish liability. If you file a solo case, your spouse's earnings for approximately the six (6) month period prior to case filing must be generically disclosed on the bankruptcy schedules and included on the eligibility calculation schedule commonly referred to as the "means test."
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