Should I File Bankruptcy Without My Spouse

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Filing without your spouse in Missouri or Illinois is a possibilityand may even be a good idea in some instances. If you decide it would be best to file together, you will have a joint case with a St. Louis bankruptcy attorney. It will include debts you both have, separate and marital, in your total case. If you decide to file separately, however, would only include that debtor's debts.

Are there good situations in which to file separately?

- Since a debtor cannot incur debt without the permission of the bankruptcy court, filing separately would allow the other spouse to take on additional debt without any hassle. You may want to consider this option if you need to incur debt for some reason throughout the life of your bankruptcy.

- If most of the debts are your own personal debts, there may be no reason to involve your spouse.

- A divorce or situation can make a bankruptcy a little messy. Why? Filing together means making decisions and coming to conclusions together. Compromise may not be easy if you are going your separate ways. It may be best to just file separately from the beginning and avoid any disagreements.

- If for some reason one spouse wants to wait to file bankruptcy, you can file separately at different times.

While some of these situations may make sense for you, always think about any possible consequences before filing separately. One of those consequences to consider could be the negative creditor action your spouse could incur if you file separately. If you have this debt together and file separately, the filing spouse is protected but the spouse who does not file may not be.

This is the perfect example of a situation for which the free consultation was created. Every situation is different and there is no magic formula for you to figure out whether it would be better to file with or without your spouse. An experienced St. Louis bankruptcy attorney, though, will be able to leverage his or her experience and help you foresee any consequences to make the best decision for you and your spouse, whether that means filing together or not.

It also wouldn't hurt for you and your spouse to gather all the right information about bankruptcy to make sure you are making an educated decision. Look for free information from reputable attorneys in your area like bankruptcy FAQ, articles, and blogs to help you decide the best move for you to make to get out of debt.