No, not necessarily.  If you are in financial difficulty, but your spouse is not, the bankruptcy code does not require your spouse to file with you simply because you are married.  Many times one spouse brings a debt load to the marriage, or none of the credit cards held by the couple are in joint names.  Remember, just because spouses have a particular card with both their names on it, that doesn’t make it joint.  What matters is whose name is on the bill when it comes in the mail. In other cases, one spouse’s credit card debt is manageable while the other’s is not.

This is an issue I address with all of my clients, and I do try to save the credit score of one spouse if that is possible by not putting a bankruptcy filing on both credit histories.  Even if both spouses are on a mortgage that is in default, and they want to get current on the payments through a chapter 13 bankruptcy plan, I may only file for one spouse, as the other is protected from the mortgage company by what is called a “co-debtor stay.”

Your situation may be different.  If you are thinking about bankruptcy, contact my office for a free consultation to discuss whether to file jointly.  Just bear in mind that it is not an automatic requirement.

The Law Office of Steven J. Richardson serves New Jersey, including:  Gloucester, Camden, Burlington, Salem, Cumberland and Atlantic Counties and surrounding New Jersey communities, including Woodbury, Colonial Manor, North Woodbury, Woodbury Heights, Deptford, Thorofare, Gloucester City, Washington Township, Blackwood, Brooklawn, Westville and Pitman.

Richardson Law Offices
40 Newton Avenue
Woodbury, NJ 08096
Phone: (856) 686-9910
Fax: (856) 686-9911