The ability to file bankruptcy without your spouse depends on the type of bankruptcy you are filing. In Florida, it is possible to file a joint Chapter 7 or Chapter 13 bankruptcy with your spouse; however, you can also file an individual petition by yourself.
In a joint filing, both spouses must include all of their property and debts in the bankruptcy petition, regardless of whether the debts are in one spouse’s name or shared. If you file a joint petition, both spouses will be responsible for repaying any debt included in the bankruptcy declaration.
If you would like to file an individual petition without your spouse, then you must meet two criteria. First, all of your property must be exclusively in your name. Second, you must have taken on the debt solely in your name. This means that if any of your debts are shared or partially owned by your spouse, then an individual bankruptcy petition cannot be filed without including them. If these criteria are met, however, you can file a separate bankruptcy case without involving your spouse.
When deciding whether to file jointly or separately, it is important to consider the potential drawbacks associated with both types of bankruptcies. A joint bankruptcy filing may require you and your spouse to sell assets that could otherwise remain in your possession if you filed separately. Additionally, a joint petition exposes you both to the risks of having your case dismissed due to mismanagement or fraud.
On the other hand, filing an individual petition without involving your spouse may result in certain debts not being discharged and could also damage your credit score if you fail to make payments on those debts.
Ultimately, it is important to discuss all options with a qualified bankruptcy attorney before making any decisions about filing for bankruptcy in Florida. A bankruptcy attorney can evaluate your financial situation and help you decide which option is right for you.
