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I am married. Does my wife/husband have to file along with me?


It depends on your exact circumstances, but most of the time it is better for both spouses to file together. It doesn’t cost any more, and it usually prevents more problems down the road. Many married couples think that they can "save" part of their credit rating by only having one of them file. There are times when that can work, but most of the time a bankruptcy by one spouse will be reflected on the other spouses’ credit record. Also, if you have been married for more than a year or two, chances are you have debts in common, so even if those debts are discharged as to you, the creditor will still have the right to collect from your wife or husband.

What’s even worse is that after you have been married for several years, your credit records tend to get "married" together, too. Even if you know for a fact that you are the only person who signed that credit card application, and you are the only person who ever used that credit card, there will be times when the creditor’s computer tells them that both of you are responsible for that debt. You will be in the impossible position of having to prove a negative. You can win that argument in the long run, but with bankruptcy you can cut the whole process off in no time.