Normally, your spouse does not have to file bankruptcy with you if you file. So, you will have to decide whether you both should file.
Debts
If your spouse does not file, your spouse will remain liable for debts that your spouse co-signed with you and for his/her separate debts. If you have a lot of debt that is separate from your spouse, this could be a reason for you to file alone.
Property
The non-filing spouse's separate property isn't part of the bankruptcy. So it could make sense for you to file alone if your spouse has significant separate property that could be lost by filing.
Income
If your spouse does not file, you usually must still disclose your spouse's income. That does not mean that your non-filing spouse's property or credit will be affected.
Prior bankruptcy or lack of cooperation of spouse
In some situations, you may have to file separately, regardless of what you want. For example, if your spouse received a discharge in a chapter 7 case within the past eight years or a chapter 13 within the past six years, your spouse will not be allowed to file another chapter 7 case. Also, if your spouse simply won't cooperate, you may also have to file separately, even if a joint filing would be the better option.
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