No, you may file without your spouse. The effect on your spouse
and any debts you have jointly will vary depending on the marital property
laws in your state.
In community property states, all of the community property (the debtor's
half and the non debtor's half) becomes property
of the estate. In return, the community property acquired
by a debtor and his non debtor spouse after the bankruptcy is not liable
for payment of community claims listed in the bankruptcy though the
non debtor spouse may have liability to the extent of the non debtor's
separate property.
More on the impact of filing without your spouse
More on single spouse filing and the discharge
of debts of the spouses
Bankruptcy issues for Californians
Back to bankruptcy FAQs