Can One Spouse File For Bankruptcy?

Make The Best Decision For You And Your Family

A common question married couples ask our firm, Christopher Kerney, Attorney at Law is: “Should one of us file for bankruptcy, or should we both file jointly?” The answer can vary depending on each couple’s unique situation.

The short answer is: Yes, one spouse can file for bankruptcy. However, this is often not advisable unless the nonfiling spouse has little or no debt.

Dealing With Marital Debt

At Christopher Kerney, Attorney at Law, we help couples carefully examine all of their debts. In many situations, the spouse who plans to file has substantial debt that will be best addressed through the bankruptcy filing. If the nonfiling spouse has no debt or his or her debt load can be paid off within a reasonable amount of time, it might be better for only the spouse with substantial debt to file.

It is also important to consider your savings plans for retirement, your children’s education or other future goals. If only one spouse files and the other spouse has debt that must be paid, these savings contributions can be jeopardized.

Unfortunately, we have witnessed many couples decide to only have one spouse file, only to have the nonfiling spouse eventually file at a later date. The attorney fee and court cost for a joint bankruptcy filing are the same as those for an individual filing. So, couples who end up filing separately, one after the other, will pay these fees twice.

Call 615-206-9900

Don’t allow yourself to sink deeper into debt with no hope of recovery. Let our Tennessee law firm help you evaluate your financial situation and identify your options. Your first consultation with a lawyer is free with no obligation. Call Christopher Kerney, Attorney at Law at Call or contact us online today.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.