Would I have to consider his income if I haven't been with him in 8 years? 8 Answers as of May 10, 2016

I am legally married. I am going to file bankruptcy alone. Also I am on disability and cannot afford an attorney. Is it possible to file bankruptcy by myself?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, and no you don't have to list his income.
Answer Applies to: California
Replied: 5/10/2016
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
His income not required. Possibly, I don't know your educational level. Some BK courts hold monthly seminars that last about 90 minutes on how to file pro se. You may want to investigate those classes.
Answer Applies to: Colorado
Replied: 5/10/2016
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
If have not been living together or are legally separated, you normally wouldn't be expected to have any information on your spouse's income and don't have to provide it. Please see an attorney in your local area who is experienced with bankruptcy for a consultation. Sometimes you need to know what the local Trustee will expect and what the local rules and customs are. Most attorneys will provide a no cost consultation. Also you can check with legal aid in your county. Some have resources. Bankruptcy is not a do it yourself project. Maybe you don't even need one. See an attorney. It sounds like you might be what we lawyers call "judgment proof."
Answer Applies to: California
Replied: 5/9/2016
Stephens Gourley & Bywater | David A. Stephens
If you live separate and apart you do not need to include his income. You can file on your own. You may want to check for some pro bono services.
Answer Applies to: Nevada
Replied: 5/6/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You are permitted to file a petition for yourself only. But if you live in a marital (=community) property state, you may be asked to provide some of the same information about your non-filing spouse. If you are entirely out of touch with the spouse, and do not even have contact information for him, the Court might release you from that obligation. If you can find the funds for a lawyer and some will accept payments over time it is usually worth the investment.
Answer Applies to: Wisconsin
Replied: 5/6/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If you are separated from your husband you do not have to consider his income.
    Answer Applies to: Nevada
    Replied: 5/6/2016
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    In Georgia, it is not necessary to include your spouses income if you're not living together. Filing Bankruptcy can be very technical, so I would not recommend filing yourself.
    Answer Applies to: Georgia
    Replied: 5/6/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    A better question is why you would file bankruptcy at all. Many people who cannot afford an attorney have mistaken beliefs about bankruptcy. While you can file bankruptcy without a spouse, this decision creates a number of complications and you may be stepping into a mine field. Hope you are not someone who has to learn things the hard way.
    Answer Applies to: Nevada
    Replied: 5/6/2016
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