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 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.

Yes. Joint ownership is no substitute for a carefully drafted Will. You may have property in your sole name which you have forgotten; you may inherit from others; you and your joint owner may die in a common accident; or a number of other reasons make it prudent to have a Will.

Although joint property passes to the surviving joint tenant by right of survivorship, we would still recommend that you have a Last Will and Testament. Such Will should make provision for the division of your estate in the event that you and your spouse die more or less at the same time as a result of a common disaster, such as a motor vehicle accident.

Carrier: Under FRV shipments, the day of delivery the carrier will provide you with instructions on how to file a claim with them. The instructions may address this issue. If you have any questions, you should contact the carrier. If your question was not answered, then please call the Claims Service Center. Additionally, if you file your claim within the 9-month period with the Claims Service Center, we can also forward it to the carrier so you can still be entitled to FRV coverage.

You sometimes may benefit from filing separately instead of jointly. For example if one spouse has large medical expenses, miscellaneous itemized deductions, or casualty losses and the two spouses' incomes are about equal. We always prepare returns both ways and determine which is the most advantageous.

A power of attorney is a written instrument by which one person (the principal) designates someone as his or her agent or attorney in fact to perform certain acts. If it is "durable," it continues in effect even if the principal becomes incompetent. This can be very important if you or your spouse becomes incompetent. It can avoid the appointment of a guardian or conservator for the management of assets.

It depends on your tax situation. Sometimes you may benefit from filing separately instead of jointly but only if certain criteria are met. One example would both spouse have similar income and expenses but filing joint may cause certain of these expenses to be limited, then filling separately maybe an option. We always look at this filing separate issue for all our clients.

a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized should do the filing. Since your divorce is uncontested, technically it does not make a difference who files.

If both spouses are liable for any significant debts, they should file jointly under chapter 13, even if only one of them has income. Also, if both of them have regular income, they should file jointly. Yes. A self-employed person meeting the eligibility requirements listed in the answer to Question 18 above may file under chapter 13. A debtor engaged in business may continue to operate the business during the chapter 13 case.

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.

If you are married and have worked under Social Security, you may qualify for retirement benefits either on your own work record or your spouse's record. People who are eligible for benefits on more than one work record usually get the higher amount; you cannot draw on both. Reduced retirement benefits are available at age 62. Currently, those who wait till age 65 can receive full benefits; however, this age will increase in the future.

Personal service of the initial divorce papers (summons with notice or summons and complaint) is required by statute. In the event the plaintiff (person starting the divorce) cannot locate their spouse, they must get permission from the court for an alternate means of service, by filing a motion for such relief.

Since Texas is a community property state, most individuals file jointly with their spouse. There may by advantages or disadvantages to a joint filing with your husband or wife. Mike Pledger will help you decide based on the type of debts and the assets you need to protect.

Your spouse does not have to file bankruptcy jointly with you. If the debts are in your name only, there is no reason for your spouse to file with you.