If your married the law recognizes you as one entity and can file either together as a couple (jointly) or either spouse (husband or wife) can file on their own. The law does not require that both file.

If all or most of the debts are in your name only, your spouse may not have to file. Creditors usually cannot pursue a non-filing spouse, unless he or she is legally a co-debtor on the debt. Additionally, the bankruptcy should not be reflected on the non-filing spouse's credit report. The law does vary, however, from state to state so make sure you speak with a Macey & Aleman bankruptcy attorney about whether or not your spouse has to file.

If both you and your spouse want to be released from the obligation of paying joint debts, you will both have to file. Otherwise, if just one spouse files, only that person is discharged on the debt. The other spouse will remain liable on the debt. However, a spouse has the right to file solely, without the permission of his or her spouse, regardless of the other spouse's obligation on joint debts.

If you are currently in the process of getting divorced, but you were still legally married at the end of the year, you can elect to file separately. However, it may be more beneficial for you to work out an agreement with your former spouse to file a joint return. We can help you figure out the potential benefits of filing a joint tax return.

No. In some cases where only one spouse has debts, or one spouse has debts that are not dischargeable, then it might be advisable to have only one spouse file. Also, debts which your spouse is jointly liable are subject to the co-debtor automatic stay.

No. A married person may either file jointly with his or her spouse or individually. If the spouse does not file also, the spouse's credit is usually unaffected. It is usually a problem for a person who is filing an individual bankruptcy to transfer assets to his or her spouse or to anyone else.

Yes, they can. Chancellor's Associates courtesies apply to the primary donor and can also extend to your spouse EXCEPT FOR PARKING. However, your spouse has the option of purchasing parking at its current market value.

Yes, but your spouse will still be liable for any joint debts. If you file together you will be able to double your exemptions. (see Indiana bankruptcy exemptions) In some cases where only one spouse has debts, or one spouse has debts that are not dischargeable then it might be advisable to have only one spouse file. If the spouses have joint debts, the fact that one spouse discharged the debt may show on the other spouses credit report.