You can file individually without your soon to be ex wife. You need a lawyer.

Answer Applies to: Georgia
Replied: 11/9/2011

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You may file before or after your divorce. And, you can do this without a lawyer. However, it is like doing your own surgery. You probably will not be happy with the outcome.

Answer Applies to: Virginia
Replied: 11/8/2011

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A debtor can file an individual bankruptcy even if married. Generally speaking, however, the other spouse's income will be counted in the "means test" unless the spouse's are separated and living in separate households.

Answer Applies to: Oregon
Replied: 11/8/2011

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A person can legally file bankruptcy separately even if they are married. This is true even if you do not plan on separating or divorcing. However, it is very important that you disclose all your spouse's property and that you secure a waiver of exemptions form her prior to filing.

Answer Applies to: California
Replied: 11/7/2011

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Yes, but it is NOT advisable. The area of bankruptcy law is too technical to get through without a lawyer. You might not be able to take full advantage of the process without it.

Answer Applies to: South Carolina
Replied: 11/7/2011

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You can file a bankruptcy without your spouse. You can do a divorce without an attorney, though it is not some simple procedure. I would greatly caution you on attempting to file bankruptcy without an attorney however. That is never a good idea. When you find a good bankruptcy attorney they will be able to counsel you as to whether it is better to file before or after you institute a divorce.

Answer Applies to: Connecticut
Replied: 11/7/2011

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Yes, you can file bankruptcy on your own if you are still married. And yes, you can file for bankruptcy on your own. However, I recommend using an attorney so that you can make sure everything is done correctly and that you understand your options.

Answer Applies to: Nevada
Replied: 11/7/2011

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Yes you can file on your own if you are still married, however, if you are still living together, you must account for both incomes. You are permitted to file and represent yourself, however bankruptcy law is complex and has many forms that must be filled out very precisely. The fine for being wrong can be getting your case dismissed or a fine or imprisonment or a combination of these. I wouldn't recommend it, many attorneys take payments and you will sleep much better at night.

Answer Applies to: Michigan
Replied: 11/7/2011

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Yes, you can file a bankruptcy without your spouse. Are you living together still? If not, then you need to file married with declaration of separate household. If you are just separated and still living together, you need to file married without declaration of separate households. If you file without declaration of separate households, you may need to use his income in the means test; however, you do not need to list his information whatsoever other than that. I would suggest that you go speak to an attorney about bankruptcy. It is a very detailed area of law and you do not want to jeopardize your rights by not having an attorney help you through this process. You can do it on your own; however, make sure that you understand everything there is to know about filing. Most bankruptcy attorneys will offer a free initial consultation. I hope you found this answer useful.

Answer Applies to: Florida
Replied: 11/6/2011

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Yes, you can file for bankruptcy while still married, and yes you can still proceed with a bankruptcy without a lawyer. A few things to keep in mind though: 1) When you file for bankruptcy while still married, then all your joint assets and joint income will be calculated when filing for bankruptcy. Therefore even if you have no income, your spouse's income can still be counted when determining if you have enough income to pay off your debts. 2) Filing for bankruptcy is a very time and paper intensive process. The amount of forms and information to include is of such a nature that someone without any sort of bankruptcy experience can find the entire process quite daunting. Additionally, for someone who is not familiar with bankruptcy and bankruptcy laws, there are mistakes that you may make which can doom your bankruptcy petition. For example, if you forgot to add a creditor or debt that you owe when filing for bankruptcy, and you have your bankruptcy granted, then this debt is not discharged even though you were able to get the bankruptcy granted. 3) If you do file for divorce before filing for bankruptcy, you should consult an attorney to ensure that all debts and assets are properly distributed as part of the judgement. You do not want there to be further issues after filing for bankruptcy because there is still shared property between you and your spouse.

Answer Applies to: New York
Replied: 11/6/2011

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Yes you can file bankruptcy without your spouse but I do not recommend doing so without an attorney. Bankruptcy is very complicated and filing on your own while still married makes it more complicated. Talk to a local bankruptcy attorney about your situation.

Answer Applies to: Minnesota
Replied: 11/6/2011

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Yes. Whether you are divorcing or not you can file an individual bankruptcy.

Answer Applies to: New York
Replied: 11/5/2011

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Yes, check the website for the bankruptcy courts in your district and look for instructions for a "pro se debtor."

Answer Applies to: New York
Replied: 11/5/2011

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You can file individually. Not a good idea to do so without an attorney. Your wife may be a creditor and case could get tricky.

Answer Applies to: New York
Replied: 11/5/2011

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Yes though not advisable to proceed without counsel.

Answer Applies to: South Carolina
Replied: 11/5/2011

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Yes, but at least consult with a bankruptcy lawyer. Divorce creates it's own set of issues.

Answer Applies to: California
Replied: 11/5/2011

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Yes, you can file for bankruptcy on your own even if you are married.

Answer Applies to: New York
Replied: 11/4/2011

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Some people do file without lawyers. Sometimes they make mistakes.

Answer Applies to: California
Replied: 11/4/2011

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Can I file bankruptcy on my own if I am still married? Yes. But certain facts about your spouse will need to be listed in your bankruptcy schedules, such as your spouse's income and jointly owned property (which is everything acquired by either one of you after marriage). Can I do this without a lawyer? Yes. You can also perform minor surgery on yourself without a lawyer, but I don't recommend it. You will almost always do it wrong.

Answer Applies to: Texas
Replied: 11/4/2011

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You can file individually even if you are married. Whether or not you should use a lawyer is up to you and how familiar you are with the bankruptcy process and how comfortable you are with filing on your own.

Answer Applies to: Georgia
Replied: 11/4/2011

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Yes, you can file bankruptcy by yourself even thou you are married.

Answer Applies to: Colorado
Replied: 11/4/2011

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Either spouse can file a bankruptcy on his or her own. However, a spousal waiver is required to claim certain exemptions. Before trying to file on your own, seek advice of an attorney on the factors involved in one spouse filing without the other's agreement.

Answer Applies to: California
Replied: 11/4/2011

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You can file on your own while still married, but you will subject all of the community property to the bankruptcy. If you file a Chapter 13 this will not matter much, but if you file a Chapter 7, all of that property which is non-exempt will be seized and sold by the bankruptcy trustee. Also, if you file for dissolution after filing the bankruptcy, the dissolution will be stayed except for support and status of marriage issues.

Answer Applies to: California
Replied: 11/4/2011

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In order to file an individual bankruptcy while married, you will need him to sign a spousal exemption waiver. You can file bankruptcy yourself, but an attorney can make the process much easier.

Answer Applies to: California
Replied: 11/4/2011

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Yes and yes. But you can do anything yourself. You can operate on yourself you can buy your house yourself. It is better to use an attorney to make sure it is done correctly.

Answer Applies to: Florida
Replied: 11/4/2011

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Yes, you can file on your own if your married but separated. You can file on your own but you have to list all your estranged assets. You may also need a spousal waiver depending what district you are filing in.

Answer Applies to: California
Replied: 11/4/2011

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You can file singly, without your wife. You can also file it yourself without an attorney, but the fact that you are thinking about filing it singly makes me think you really should be doing this through an attorney. You have some issues that come up with a single filing while married that you're not going to know about and that can lead to problems. Put another way, you might be able to pull your own tooth, but I'm guessing you'd probably prefer to go through a dentist. Same thing here.

Answer Applies to: California
Replied: 11/4/2011

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You can file on your own. However, you should not do so without getting advice from an attorney first. There are a lot of issues that need be considered when you're married and depending on the circumstances, it maybe best to file before, during or after your divorce is final.

Answer Applies to: California
Replied: 11/4/2011

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You can do it without your wife and also without a lawyer but not advisable and dangerous to file without legal representation. It will also be frustrating if you do not have a lawyer since you do not know what you are doing and mistakes may not be correctable. Therefore, you could end up losing assets, getting your case dismissed, having the discharge denied or worse.

Answer Applies to: California
Replied: 11/4/2011

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Yes you can file bankruptcy without a divorce and without your spouse. It is generally a very bad idea as the court in the divorce case could give you back debt you just wiped out, but you can do it. You can also compound the mistake by filing the bankruptcy and divorce pro se, botching both, and likely mistiming the two. Better idea: get a lawyer.

Answer Applies to: Georgia
Replied: 11/4/2011

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Yes, you can file bankruptcy alone.

Answer Applies to: California
Replied: 11/4/2011

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