All bankruptcy attorneys are not created equal. Schedule A Free Case Evaluation
Nowack & Olson, PLLC
Let’s do this together.
Speak with one of our professionals.
888-813-4737

Filing for bankruptcy alone when you are married

If you are going through a divorce and need to file for bankruptcy in Florida, you may be wondering if it is possible to file without your spouse. You may also be in a situation in which you are married and not getting a divorce, but you still want to file for bankruptcy alone for any number of reasons.

It is not against the law for a married person to file for bankruptcy on his or her own. You have to be careful if you choose to do so, however, because filing for bankruptcy by yourself may draw extra scrutiny from the bankruptcy trustee who will be assigned to handle your case.

You will also need to understand that even if your spouse is not filing with you, his or her income will be counted as yours in your bankruptcy case. This may make you ineligible to file for Chapter 7 bankruptcy protection. If your spouse later needs to file for bankruptcy, filing together will cost you less because you will only need to file one case instead of two separate ones. Jointly filing for bankruptcy protection may also help you to double your exemptions, thus saving more property from liquidation through the bankruptcy estate.

Even if you and your spouse do not qualify for bankruptcy under Chapter 7, Chapter 13 bankruptcy may be an option for you. With Chapter 13, you may be able to extend your repayment of your debts for up to 5 years. If your home has a second mortgage but you owe so much that the second mortgage isn't secured by the home, Chapter 13 may also be used for lien stripping of that second mortgage. At our law firm we regularly help divorcing and married couples determine the best bankruptcy options for their situations. To learn more about filing for bankruptcy while you are married or going through a divorce, you may want to review our page on the subject.

No Comments

Leave a comment
Comment Information

We take your situation as seriously as you do.

Start with a Free Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

What Our Clients Say:

Back
  • "Maria please let Attorney Olson know how pleased I am with the results of my home loan modification with Bank of America. I am so grateful for all of their hard work, especially since my house was a gift from my parents, I prayed not to lose it to foreclosure....."

    Cassandra M.
  • "We received last Friday our bankruptcy discharged letter for the trustee.
    We want to thank you very much for your services in our bankruptcy file.
    We are very pleased and happy with your service, you are so professional, courteous, organized and fast.

    We will recommend you every time we can.
    God Bless You!"

    Yazmin & Ricardo D.
  • "MY EXPERIENCE WITH MITCH AND CHRIS AND U WERE JUST A GREAT EXPERIENCE I WANTED TO GIVE UP PRIOR TO U GUYS.. DON'T WANT TO FORGET ABOUT LEO, HE'S ALSO GREAT PERSON..COMMUNICATE REALLY GREAT WITH ME,,ACTUALLY ALL OF U ....I CAN EMAIL OR CALL .U ALL ALWAYS REPLY TO ME....."

    Tonya C.
  • "I was very pleased with work of Nowack & Olson, and way you guide me through all process of bankruptcy and loan modification. I received good care and was informed on every step of it. Thank You very much. You save my life!"

    Kasia D.
  • "Just wanted to thank you again for helping my wife and family through a tough time. We are finally starting to get back on our feet and building back our nest egg. We have stabilized our income again, and see the light at the end of the tunnel. I remember one of your tag lines was helping good people through bad times... That always rang true with us....."

    Peter R.
  • "After a rather distasteful experience with a Foreclosure Attorney I was apprehensive to say the least to hire an Attorney to handle our Bankruptcy. After some internet searches and research I found Christian Olsen, and after our initial consultation my wife and I retained his services....."

    Bobby and Tanya
  • "I am a teacher who reaped the rewards of a profitable side business until shortly after the recession. I struggled to keep my business afloat until I finally threw in the towel. Between personal and business debt, I was suffocating in bills....."

    Richard C.
Read More Testimonials

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.