Do I Have to File Bankruptcy with My Spouse?

No. If your debt is in your name alone, you can file bankruptcy independently from your spouse. However, if your spouse shares the debt with you, (for example if you have joint credit cards), your spouse may still be on the hook for the debt. It may be best to file jointly in that situation. It should also be noted that for purposes of determining just how much income you receive, your spouse’s income, minus his/her debt, will be included.
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