Can my spouse file bankruptcy and divorce without me? 21 Answers as of February 09, 2012

Yes he can file on his own. This complicates things if you are getting a divorce. If you are having money problems, you will likely benefit by filing a joint bankruptcy before the divorce. Go see a local knowledgeable bankruptcy attorney for advice because these questions are very fact specific. Ideally see someone who also understands family law.

You or your husband can file bankruptcy either separately or together. You are not obligated to file bankruptcy with him. Divorce is a separate issue, but if you are divorced, or living separately, you cannot file a bankruptcy jointly. In a divorce, your property is divided, so you may want to wait, if you can, to complete the divorce before you file bankruptcy.

The short answer to all your questions is yes. He can file for bankruptcy without you, but your debt and any joint debt would still be yours and that would have to be addressed as part of the divorce. Although the bankruptcy would eliminate his responsibility to the banks for your joint debt, it would still be marital debt. It can still be distributed as part of the divorce. That means he can still be responsible for it. Frankly, it is often a good idea to file bankruptcy together before filing for divorce, as it eliminates all of the debt the two of you have, and thus gives you one less thing to fight about. By the way, filing bankruptcy has saved more than a few marriages. Once the financial distress and fights over bills were removed from the marriage, it turned out that the couple still got along well. As for the taxes, either party can file "married filing separately", which forces the other party to do the same. Filing this way usually results in paying the I.R.S. more, but if that is how he wants to file, nothing stops him from doing so.

He can file individually without you. You will remain liable on any joint debts.

Yes to both.He can file married, but filing individually.

Your husband can file for divorce and separate from you by leaving the household, then file for bankruptcy (which will release him from any legal obligation to pay his creditors even those jointly held; thereby leaving you legally responsible for those joint debts) and the taxes should be filed together since you were married during the period being reported (even though he now seeks a divorce). So, while he can file for divorce even though you may not want to, he cannot file bankruptcy without accounting for you income unless he leaves the household (however he can still file without you being part of the bankruptcy but he must tell the bankruptcy court about the income of everyone in the household - if he doesn't leave).

Yes, as to all three questions: 1. Re Bankruptcy, he can file alone; however, it is recommended that both parties file together-else the creditors may attempt to collect from the non-filer. In California, technically, one spouse can file and the debt is gone as a "community debt." My concern; however, if that I have heard of creditors attempting to collect from the non-filing spouse-because they do not understand California Community property laws. 2. Divorce: California is a no-fault state; thus, a spouse does not need a reason to file for divorce. This then opens the door for ONE party to file against the other. The judge will approve the divorce even if the other spouse doesn't approve of it or want the divorce. 3. While married, a couple can file "Married Filing Jointly" or "Married Filing Separately." So, if your spouse does not want to file a joint tax return and he is still married, he would file "married filing separately." Since you have been married 21 years, I encourage you to speak to an attorney-to learn about your legal rights regarding all issues re divorce, such as support, division of pensions, assets/debts, and others.

Your spouse can file bankruptcy without you, although it is often unwise to so and the attorney fees are higher. Likewise, they can sue you for a divorce and you will be required to answer in Domestic Relations Court, if you wish to contest the divorce. Bankruptcy can sometimes delay a divorce because it stops all court proceedings that affect your assets. You really need to consult an attorney asap. Your rights are complicated and you need some good advice from someone in your corner about how all this fits together.

Too much going on here, and not enough information. Yes he can file bankruptcy without you.

He can file without you (and, with your consent, with you). The filing can dramatically affect a divorce and you should retain your own lawyer.