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.


Steven J. Richardson
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Bankruptcy, Collections, Student Loan, DUI and Traffic Court attorney in Woodbury, NJ.