I am separated from my husband but still legally married can I file a chapter 7 by myself? 37 Answers as of April 25, 2013

Even through I have only been separated for 3 months?

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Yes. State "declaration of separate households" so his income will not be included for means test purposes or on a Schedule I or J.
Answer Applies to: Texas
Replied: 4/25/2013
Marc S. Stern
Marc S. Stern | Marc S. Stern
There is never a requirement that both spouses file. It is sometimes advantageous and sometimes not. However, either one can file.
Answer Applies to: Washington
Replied: 4/24/2013
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
Yes, but please understand that filing bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answer Applies to: Arizona
Replied: 4/24/2013
214bankruptcy.com
214bankruptcy.com | Rustin Polk
Someone who is married is allowed to file bankruptcy jointly with their spouse but it is not required; anyone can file by themself whether they are married or not.
Answer Applies to: Texas
Replied: 4/23/2013
William D. Cope, LLP
William D. Cope, LLP | William D. Cope
Yes you can file a separate chapter 7. But, depending on the circumstances, it may not be advisable until the divorce is final.
Answer Applies to: Nevada
Replied: 4/23/2013
    Roya Rohani | Roya Rohani
    Yes you can file on chapter 7 bankruptcy on your own as separated.
    Answer Applies to: California
    Replied: 4/23/2013
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    A spouse can file alone, separated or not. However there are a number of considerations in this situation so it's best to get an attorney to handle your case to make sure you file when you can achieve positive results. There may be reasons for filing jointly, if the other spouse agrees to join and reasons to wait until the divorce is finalized. These considerations need to be weighed against others that might be present in your circumstances that could cause a need to file earlier rather than later. Discuss details of your financial situation with a bankruptcy attorney to get advice on whether filing now rather than later is appropriate.
    Answer Applies to: California
    Replied: 4/23/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Frankly it doesn't matter if you are or are not separated from your spouse, you have the legal right to file bankruptcy by yourself. Whether this is a good idea is an entirely different question and the issues can be quite complicated, so I would urge you to retain experienced bankruptcy representation.
    Answer Applies to: Nevada
    Replied: 4/23/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, you can do that.
    Answer Applies to: California
    Replied: 4/23/2013
    Wasson & Thornhill
    Wasson & Thornhill | Leeann Thornill
    It depends, but usually YES!
    Answer Applies to: Kentucky
    Replied: 4/23/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Yes.
    Answer Applies to: Nevada
    Replied: 4/23/2013
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    Yes, you can file by yourself. However, if you are in California, you may need him to waive his rights to exemptions (should you choose Sec. 703 exemptions). You should contact a competent attorney to assist you.
    Answer Applies to: California
    Replied: 4/23/2013
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    Yes, you can file separately. Do remember that since you do not have a final decree of divorce that separates your property, you will need to list all of your joint property. Also, you will need to list all your separate property, as well as any property where you have even possess a small interest. Also, if you do agree to a property settlement before you actually get divorce, the trustee will likely want to see the settlement. The trustee has the power to undo any agreement if he feels that one party did not get fair consideration for what that party gave to the other.
    Answer Applies to: Idaho
    Replied: 4/23/2013
    Richard L. Hirsh, P.C. | Richard L. Hirsh
    Yes, separate households is not a problem.
    Answer Applies to: Illinois
    Replied: 4/23/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, you do not need your spouse permission to file chapter 7
    Answer Applies to: New York
    Replied: 4/23/2013
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    Yes. Married persons may file bankruptcy individually. Such decision should be coordinated between your bankruptcy attorney and your divorce attorney as these two court processes can be interrelated and there can be important factors that can/should change the timing of your filing.
    Answer Applies to: Oklahoma
    Replied: 4/23/2013
    SmithMarco, P.C.
    SmithMarco, P.C. | Larry P. Smith
    Yes. You can file your own bankruptcy married or not.
    Answer Applies to: Illinois
    Replied: 4/23/2013
    Troutman & Napier
    Troutman & Napier | Gregory A. Napier
    Yes, you can file an individual bankruptcy as a married person. It would be wise to get the help of an attorney to make sure income is treated correctly for the means test and to identify any areas where joint debt may be problematic if you subsequently divorce. It would be good if the attorney is also comfortable with family law.
    Answer Applies to: Kentucky
    Replied: 4/23/2013
    Conner Law Offices
    Conner Law Offices | Melissa Conner
    Yes, you can file for bankruptcy individually regardless of your marital status. If you are maintaining separate households, you may not even have to list the spouse's income.
    Answer Applies to: Massachusetts
    Replied: 4/23/2013
    Law Office of William E Carter, LLC | William E Carter
    Your marital status will not effect you bankruptcy filing status. You may file an individual petition without your spouse.
    Answer Applies to: Connecticut
    Replied: 4/23/2013
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    Yes, you may file bankruptcy by yourself even though you are married.
    Answer Applies to: Connecticut
    Replied: 4/23/2013
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    Yes, you can file individually. There is no requirement to file jointly. Spouses may file either individually or jointly, depending upon which strategy works best given their circumstances.
    Answer Applies to: Georgia
    Replied: 4/23/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    There is no requirement that you must file with a spouse if you are married or separated. However, the question really is what is the advantage to you of filing individually vs married. The answer to that question depends on the length of marriage, when the debts were incurred, who is responsible for the debts (just you? Both of you?), and the financial situation for both you and the husband. I don't have enough information to address those issues here. Talk to an attorney in person to proceed would be my best advice.
    Answer Applies to: Wisconsin
    Replied: 4/23/2013
    Law Office of Erik Severino | Erik Severino
    Yes, you do not need to be living with your spouse to be able to file a bankruptcy. You can file by yourself, or there are even reasons why you may want to file together still, even though you are separated. You should contact an experienced bankruptcy attorney to gauge whether it is worth filing by yourself or jointly with your separated spouse.
    Answer Applies to: Nevada
    Replied: 4/23/2013
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